P. THOMAS Vs. ATHISAYAM

JUDGEMENT

(1.) The Civil Revision petition is filed challenging the fair and decretal order dtd. 12/9/2022, passed in I.A.No.04 of 2022 in O.S.No.1779 of 2019. The revision petitioners are the defendants and the respondent instituted a suit for partition.

(2.) During the pendency of the suit, the revision petitioners/defendants filed an Interlocutory Application in I.A.No.4 of 2022, under Order VII Rule 11(b) of CPC, to reject the plaint as not maintainable on the ground that the relief claimed is undervalued and the plaintiffs, at the time of examination, deposed that the value of the suit mentioned in the plaint is incorrect and the difference is of about Rs.16.5 lakhs.

(3.) Based on the deposition of the defendants while examining the plaintiff, the Interlocutory Application to reject the plaint was filed. The Trial Court considered the issues and found that when the plaintiff is directed to correct the valuation and the plaintiff fails to do so, then only the plaint can be rejected under Order VII Rule 11 but not otherwise.