MADURA ENTERPRISES Vs. C THANGAVEL

JUDGEMENT

(1.) Sree Madura Enterprises and V.R. Subbaraya Gounder & Son, the petitioners are the defendants 2 and 3 in the suit.

(2.) C. Thangavel, the first respondent herein filed a suit against S.K.Samy & Sons Warehouse, the second respondent/first defendant and the petitioners as defendants 2 and 3 for mandatory injunction directing the first respondent to deliver the goods deposited by the defendants 2 and 3, the petitioners herein to them under deposit receipts under which they have been authorised by the petitioners to receive the said goods from the first defendant.

(3.) Pending the suit, the petitioners filed an application in I.A.No.924 of 2001 under Order 7 Rule 11 C.P.C. requesting the Court to hold that the suit is not maintainable, since the valuation of the suit is not correct, inasmuch as the worth of the suit goods is about Rs.23,12,100/- and praying to decide the value of the suit and the Court fee paid as a preliminary issue.