C. K. SEKAR Vs. L. R. J. MADUMATHI

JUDGEMENT

(1.) Aggrieved by the order dismissing the application for rejection of plaint, this revision petition is filed by the 1st defendant.

(2.) The respondents/plaintiffs filed the suit in O.S.No.67/2016 against the revision petitioner/1st defendant and five other defendants, for partition of suit schedule properties and rendition of accounts in respect of suit A schedule property. Pending suit, the revision petitioner/1st defendant filed a petition under Order 7 Rule 11 and Section 151 of CPC to reject the plaint which was dismissed by the Court below, against which, this revision is filed by the 1st defendant.

(3.) The learned counsel for the petitioner/ first defendant would state that the respondents/plaintiffs have no right to claim partition in the suit properties. He would further state that after the death of mother and father, the revision petitioner/1st defendant has been in possession and enjoyment of the suit properties as absolute owner for more than a statutory period on the basis of a gift settlement deed executed in his favour and therefore, the claim of the respondents is barred by limitation. He would further state that as the respondents/plaintiffs are not in joint possession and enjoyment of the suit properties as per their pleadings in the suit, the respondents ought to have paid court fee under Section 37(1) of the Tamil Nadu Court Fees and Suit Valuation Act, instead they paid Court fee under Section 37(2) of the Act and therefore, the suit is not maintainable. It is further submitted that the relief in respect of movable properties ie., jewels and cash, has to be filed within three years and hence, it is also barred by limitation. The adjudication of claim without payment of necessary Court fee is illegal.