THANAPAL Vs. S.CHANDRASEKARAN

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the fair and decreetal order passed in I.A.No.1 of 2019 in O.S.No.498 of 2006 by the learned 1st Additional District Munsif, Nagercoil, dated 18.02.2019.

(2.) I.A.No.1 of 2019 is filed by the petitioner herein, who is the defendant in the suit. The petitioner as defendant contended that the plaintiff filed the suit originally for an area of 435.6 sq.feet and the valuation for the said area was stated as Rs.5,000/-. Now the plaintiff has included another 35.5 cents along with 1 cent, hence, proper Court fee has to be paid and based on the said Court fee, the said Court has no jurisdiction to try the suit.

(3.) The other averment made by the petitioner/defendant is that when the suit itself is only for demarcation and the encroached portion is to the extent of 1.12 cents and the plaintiff has not specifically stated in which part of total extent of 36.5 cents is to be recovered from this defendant. Hence, the petitioner/defendant has stated that if there is deficiency of the area for the plaintiff, then that has to be accessed by verifying the adjacent owners of the plaint schedule property. Hence, they are necessary parties to the suit and hence, they should be impleaded. It is also further contended by the petitioner/defendant that the Eastern side of the property is the newly formed road on the bank of irrigation channel and hence, the Government is also a necessary party to find out the actual area. Hence, the petitioner filed the petition to strike the plaint filed by the plaintiff.