LAWS(MAD)-2009-11-272

ALPHONS Vs. THERESAMMAL

Decided On November 06, 2009
ALPHONS Appellant
V/S
THERESAMMAL Respondents

JUDGEMENT

(1.) THE petitioners/plaintiffs have filed this civil revision petition in unnumbered SR. No. 106599 of 2008 praying for issuance of an order to call for the records pursuant to the order passed in unnumbered O. S. SR. No. 13951 of 2008 dated 12. 11. 2008 passed by the learned Sub Judge, Kancheepuram in rejecting the plaint filed by the petitioners/plaintiffs under Order VII Rule 1 and 3 and Section 151 of Civil Procedure Code.

(2.) THE office of the Registry has raised an objection in regard to the maintainability of the civil revision petition filed by the petitioners/plaintiffs under Article 227 of the Constitution of India. In the return made by the Registry, it is stated that 'the order passed by the learned sub Judge, Kancheepuram in unnumbered O. S. SR. No. 13951 of 2008 dated 12. 11. 2008 is an appealable one. ' To this, the learned counsel for the revision petitioner has given a reply stating that the revision petition is maintainable and that the Court has jurisdiction to entertain the suit in view of the decisions 1979 I mlj 8, 2007 1 LW 213 and 2006 3 LW 931 presented before the trial Court and that since the trial Court has failed to exercise its jurisdiction, the revision is filed under Article 227 of the Constitution of India and as such, the relief sought for is well within the ambit of the suit.

(3.) THE learned counsel for the revision petitioner cites the decision of this Court in Alamelu alias chinnakannammal and others V. Manickkammal 1979 (1) MLJ 8 wherein it is held as follows: "having regard to the way in which the suit had come to be filed in the present case, it was clear that the plaintiff did not admit at any time that the document was executed by her or that she was a party to the document. Her case was that it was a forged one. Forged documents would not confer title on any person and it would be unnecessary to get such a document set aside in order to succeed in the prayer for declaration. The payment of court-fee is to be adjudged on the plaint allegations. Whether the allegation of forgery is correct or not will have to be gone into in the suit. The suit was properly valued. "