G SARALA Vs. B RANGANTHAN

JUDGEMENT

(1.) THE present Civil Revision Petition is directed against the fair and final order of the learned Fast Track Judge No.II, Chennai dated 03.12.2010 made in I.A.No.70 of 2010 in O.S.No.4006 of 2007.

(2.) THE defendant in the above referred suit is the petitioner herein and the plaintiff thereon is the respondent.

(3.) THAT apart, he has contended though Order 14 Rule 2 of CPC contemplates that the issue regarding jurisdiction or bar on the suit can also be decided as preliminary issue, Tamil Nadu Court Fees and Suits Valuation Act is a substantial law while CPC is a procedural law and hence, substantial law will prevail over the procedural code. Summing up his arguments, the learned counsel appearing for the petitioner contended that the Court below ought not to have rejected the request of the petitioner to decide the issue, whether the suit has been valued properly or not as preliminary issue and should have allowed the application filed by the petitioner seeking for such relief.