LAWS(MAD)-2018-4-56

KERALA JEWELLERS Vs. V NARAYANAN

Decided On April 03, 2018
Kerala Jewellers Appellant
V/S
V NARAYANAN Respondents

JUDGEMENT

(1.) The 7th Defendant in O.S.No.870 of 2008 on the file of the XVI Assistant Judge, City Civil Court, Chennai, has come forward with this revision petition under Article 227 of the Constitution of India.

(2.) The respondent in this case has filed the suit in O.S.No.870 of 2008 for (a) a decree for permanent injunction against the defendants 1 to 3 not to interfere with his possession; and (b) a decree for eviction against defendants 4 to 7 and others who claims interest over the suit property.

(3.) The defendants have filed their written statement. While so, the 7th defendant had filed I.A.No.8062 of 2010 to reject the plaint under Order VII Rule 11 C.P.C., on the ground that the Court fee has been grossly under-valued. The respondent has filed his counter. However, this petition came to be dismissed by the trial court on 06.02.2011 wherein, it has relied on an Order of this Court in W.P.No.22453 of 2010.