P. THILLAI SELVAN Vs. SHYNA PAUL

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order dated 3.3.2011 made in I.A.No.175 of 2010 in O.S.No.12123 of 2010 on the file of the Additional District and Sessions Court (Fast Track Court-V), Chennai, in dismissing the application filed by the petitioner under Order 7 Rule 11 CPC for rejection of the plaint.

(2.) The petitioner herein is the second defendant in the said suit. The first respondent herein is the plaintiff and the second respondent herein is the first defendant in the said suit. The first respondent/plaintiff filed the said suit for declaration to declare the gift deed, dated 16.7.2001 and the sale deed, dated 16.3.2005 as null and void; for possession of the suit premises and for permanent injunction restraining the defendants from alienating, encumbering and transferring the suit property in favour of third parties.

(3.) The petitioner as second defendant filed the said application for rejection of the plaint mainly by contending that the suit was barred by limitation and it was not properly valued. The said application was resisted by the first respondent/plaintiff contending that the suit was not under-valued, as the Court fee was rightly paid under Section 25(a) of the Tamil Nadu Court Fees and Suits Valuation Act by valuing the suit property at Rs.21 laks. It is further contended that the relief of possession being the consequential relief, there need not be any separate valuation of the suit property for such consequential relief. Insofar as the objection with regard to the limitation, it is contended by the plaintiff that she filed O.P.No.520 of 2004 before this Court for grant of Letters of Administration and such petition was ordered only on 14.6.2007, and hence, the right to sue accrued to the plaintiff only from the date of the said order. Thus it is contended that the suit was filed within three years from the said date, and therefore, the suit was filed well within the period of limitation.