KIRAN DEVI Vs. PHILOMENA

JUDGEMENT

(1.) These Civil Revision Petitions have been filed challenging the common order, dated 04.02.2014 passed by the learned XIV Assistant City Civil Court, Chennai made in I.A Nos.317 of 2013 and 318 of 2013 in O.S. No.7009 of 2011. Brief facts leading to the filing of the instant Civil Revision Petition:-

(2.) The petitioner in both Civil Revision Petitions is the first defendant in the suit O.S. No.7009 of 2011 filed by the first respondent / plaintiff. The suit was filed for the following relief against the petitioner : For declaration that the sale deed dated 03.01.2006 and registered as document 42/2006 is null and void and not binding on the plaintiff.

(3.) A written statement was filed by the petitioner in the suit, wherein the petitioner has categorically pleaded that since, the suit schedule property is outside the jurisdiction of the Corporation of Chennai, City Civil Court, Chennai does not have territorial jurisdiction as it is against the provisions of sections 15, 16 and 17 of the Code of Civil Procedure. Further, it has been pleaded that the first respondent / plaintiff has deliberately undervalued the suit and has not paid the proper court fee.