KATHIRAMMA Vs. PASAVARAJ

JUDGEMENT

(1.) The Civil Revision Petition has been filed to direct the Principal SubOrdinate Judge, Hosur to number the suit in O.S.SR.No.1193/2022 (CNR No.TNKR050008262022) and to take the suit on file.

(2.) The revision petitioners instituted a Suit for partition. In the said suit, they have sought for the relief of Declaration to declare the sale deeds as null and void. The Principal Sub Court, Hosur, returned the plaint on the ground that the Court fee is to be paid under Sec. 40 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955.

(3.) The learned counsel for the revision petitioners mainly contended that the sale deeds, which all are under challenge in the Unnumbered Suit, the revision petitioners are not parties and the sale deeds were executed behind their back and thus, they have opted to challenge the sale deeds. Since the revision petitioners are not parties to the sale deeds, they can pay Court fee under Sec. 25 (d) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955, which the petitioners have already complied with.