T S SRIDHARAN Vs. M F SIMON

JUDGEMENT

(1.) THE 7th and 8th defendants are the revision petitioners herein, who have filed this revision petition against the order of dismissal of the application filed by them under Order VII Rule 11 CPC in I. A. No. 12952 of 2002 in O. S. No. 1540 of 1997 by the learned IIIrd Assistant City Civil Judge, Madras.

(2.) THE respondents 1 and 2 herein have filed the above said suit i. e. , O. S. No. 1540 of 1997 for the below mentioned reliefs.

(3.) THE petitioners herein have filed I. A. No. 12952 of 2002 under Order VII Rule 11 of C. P. C. for rejection of the plaint on the ground that the relief (b) and (c) sought for in the suit relates to declaration with respect to suit schedule mentioned immovable properties and it's value is not less than Rs. 3,00,00,000/- and the court fee payable thereon would be Rs. 1,50,00,000/- being 50% of the value thereof; whereas, the respondents have filed the suit, valuing prayer (b) and (c) of the suit at Rs. 400/- each and in view of payment of insufficient court fee, the plaint is liable to be rejected. The trial court, after giving opportunity to both the sides dismissed the said I. A. No. 12952 of 2002.