ARULANANDAM Vs. ANTHONY

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the return endorsement made by the Court below dated 19.01.2021 and for a consequential direction to the Court below to entertain the plaint and number the suit.

(2.) The petitioner has filed the plaint before the Court below seeking for the relief of partition. The petitioner has valued the suit for the purpose of Court Fees and jurisdiction under Section 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act. The plaint came to be filed during December 2020 and it is being returned repeatedly by the Court below on the ground that the petitioner has to furnish document showing the market value of the suit property from the Competent Authority.

(3.) The petitioner has given an explanation before the Court below by citing Section 7(2) of the Tamil Nadu Court fees and Suits Valuation Act and taking a stand that the Court can accept the valuation made by the plaintiff at the initial stage of numbering the suit and as and when any objection is raised by the other party, the issue regarding the market value can be taken up for consideration.