CORAMTHE HONOURABLE MR.JUSTICE v. LAKSHMINARAYANANCRP No

2/14CRP No. 4607 of 2015Chennai - 600 115.4.S. MahendranS/o. T. Shanmugam, Ac 57/5, Anna Nagar, Chennai - 600 040.5.D.R. SanthanakrishnanS/o. D. Ramakrishnan, Ab-90, Anna Nagar, Chennai - 600 040.6.Captaiin Sanjiv SehgalS/o. Krishnadev Sehgal, No. 28, Kamaraj Avenue, First Street, Kasturbai Nagar, Adyar, Chennai - 600 020.7.Captain M.J. KatyalS/o. Jagadishlal Katyal, No. 2a, 36/37, Shorham Apartment, 5th Avenue, Besant Nagar, Chennai - 600 020.8.Usha Rani SanthanamW/o. Santhanam, Flat No. 3c, V.J. Flats, No. 3, Vlmiki Street, Thiruvanmiyur, Chennai - 600 041.9.R. Sathish MohanS/o. J. Rampiralal, No. 12-a, Elangovan Street, East Tambaram, Chennai - 600 059.10.S. BanumathyW/o. Mr. Soundarrajan, No. 879, 13th Main , 6th Cross, Mysore Bank Colony, Bangalore - 50. https://www.mhc.tn.gov.in/judis 3/14CRP No. 4607 of 201511.Kingsely Amose PandianS/o. M.I. Pandian, R11 And R12 Are Residing At No. 16, Christine Cottage, Vgp Murphy Square, Madras - 600 016.12.Susy Vanitha KingsleyW/o. Kingsley Amose Pandian.13.Gandhi BalajiS/o. Benkateswara Rao, No. 53, Venkatesan Street, Chindadripet, Chennai - 600 002.14.R.P. SoundarrajjanS/o. R.A. Palanivelu. R14 To R16 Are Residing At No. 879, 13th Main Road, 6th Cross, Smb Colony, Bangalore - 50.15.S. Arvind KumarS/o. R.P. Soundarrajan.16.S. Ashok KumarS/o. R.P. Souondarrajan.17.G. ThangamaniW/o. P.C. Thambhi, Plot No. 18, Second Avenue, Vettuvankeni, Chennai - 600 041.18.Shahul Hameed.S/o. Kader Shah Ravuther. R 18 And 19 Are Residing At No. 727, Anna Nagar West, 4th Street, Chennai - 600 101. https://www.mhc.tn.gov.in/judis 4/14CRP No. 4607 of 201519.Haji S. NizamudeenS/o. Haji K. Sahul Hameed.20.M. ManuelS/o. M. Muthusamy, Plot No. 5, Sakthi Nagar, (s.P. Bungalow Back Side) Hasthampatti, Salem - 636 007.21.The State Bank Of IndiaRep. By Its Branch Manager, No. 86, Rajaji Salai, Chennai - 600 001.22.A. Safia BegumW/o. M. Abusali, No. 2-a, Jamal Park Avenue, No. 69, Mc. Nichols Road, Chetpet, Chennai - 600 031.23.Allahabad BankRep By Its Branch Manager, Adyar Branch, Adyar, Chennai - 600 020.24.M. Baskar Sundara RajS/o. M. Mauel, W-122/c, Park Road, Fourth Street B Sector, Anna Nagar West Extension, Chennai - 600 101.25.K. SudhamathiW/o. S.P. Balasubramanian, No. 15, Nethaji Nagar Main Road, Thiruvanmiyur, Chennai - 600 041.26.MUTHULAKSHMIW/o. S. Balasubramanian, No. 4/101, East Coast Road, Neelangarai, Chennai - 600 041. https://www.mhc.tn.gov.in/judis 5/14CRP No. 4607 of 201527.The Repco Home Finance Ltd.,Rep By A. Palpandi, Chief Manager, No. 55, Iv Main Road, Gandhi Nagar, Adyar, Chennai - 600 020.28.The State Bank Of IndiaOverseas Branch, Rep By Its Manager J. Paramesh, S/o. K.S Joghee Sevanan, Credit Support Officer, No. 86, Rajaji Salai, Chennai - 600 001.29.G. JayanthiW/o. N.J. Gopalan, New No. 16 (old No.9) Mahathma Gandhi Road, Thiruvanmiyur, Chennai - 600 041.30.S. RamakrishnanS/o. Seethapathi, R 30 And 31, Are Residing At B-37, Rajaram Nagar, Salem - 636 007.31.K. JayasethuW/o. S. Ramakrishnan.32.Valliappan Chettiar ValliappanS/o. Valliappan, No. 2/74-b, 2nd Avenue, 1st Cross St., Vettuvankeni, Chennai - 600 041.33.S. RavichanranS/o. M. Subramaniam, No. 1/7, Sengani Amman Koil, 2nd Street, Maduvikkarai, Guindy, Chennai - 600 032.34.C. Sathish Kumar https://www.mhc.tn.gov.in/judis 6/14CRP No. 4607 of 2015S/o. Late K. Chandrasekaran, No. 05/17, Solomon Street, Adhinagar, East Tambaram, Chennai - 600 059.35.Mougamadou YoussoufMarecar, S/s. Mkougamadu Tamby, No. 13, Lemaire St., Raisha Hut, Karaikal.36.Housing DevelopementFinance Corporation, 2nd Floor, Itc Centre, No. 760, Anna Salai, Chennai - 600 002.37.K. LalithaW/o. D. Paul Kirubakaran, R 37 And 38 Are Residing At No. L1/639, 54th Cross St., Thiruvalluvar Nagar, Thiruvanmiyur, Chennai - 600 041.38.D. Paul KirubakaranS/o. A. Durairaj.39.Mohammed Warris,S/o. A. Mohammed Haris, No. 39-a, New No. 74, Mukathal St., Purasaiwalkam, Chennai - 600 007.40.R. KarthicS/o. Ramachandran, R 40 And 41 Are Residing At No. 18/23, Nowroji Road, Chetput, Chennai - 600 031.41.MALARKODIW/o. R. Karthic. https://www.mhc.tn.gov.in/judis 7/14CRP No. 4607 of 201542.KALAVATHIW/o. Late K. Chandrasekaran, No. 5/17, Solomon St., Adhi Nagar, Tambaram East, Chennai - 600 059.43.Pratap NagarajanS/o. T. Nagarajan, No. 57-b, I Link Road, Aibea Nagar, Thiruvanmiyur, Chennia - 600 041.44.Vijaya Bank,Rep By Its Manager, Abhiramapuram Branch, Chenni - 600 028.45.Arokiaraj VimalanS/o. Thobias Pajanore. R 45 And 46 Are Residing At No. F1, Kiruba Nest, 1st Main Road, Kannappan Nagar, Thiruvanmiyur, Chennai - 600 041.46.Anjellin HemaW/o. Arokiaraj Vimalan.Respondent(s)CRP No. 4607 of 2015PRAYER Civil Revision Petition is filed under Section 115 of Code of Civil Procedure to set aside the order dated 17.11.2015 passed un un numbered O.S.SR No.10700 of 2015, on the file of the Principal District Judge, Chengalpattu, by allowing this Civil Revision Petition. CRP No. 4607 of 2015For Petitioner(s):Ms.Elizabethfor M/s.S.Subbiah (No Appearance) https://www.mhc.tn.gov.in/judis 8/14CRP No. 4607 of 2015For Respondent(s):M/s.P.Jagadeesan For R11, 12, 17M/s Ashraf Khan For Rr8 And 13M/s.H.Vijayakumar For R23M/s.P.J.George For R39M/s.R.Sreedhar For R44M/s.R.Amizhdhu For Rr9,25,26,29M/s.Geetha For R33R1 To 3,5,22,27,34,36,40,41,42,45 And 46 - Sd. On 16/02/2016R20 - Died[steps Due To Bring On Record As Lrs Of The Deceased R20]Batta Only FiledWant Of 19 Copies Of Memo Of Grounds Due Reg. Respondents R4,6,7,10,14 To 16,18,19,21,24,28,30 To 32,35,37,38 And 43Pvt. Notice----------------R1,2,3,9,11,12,17,23,27 To 29,34,36 To 38,40 To 42,45 And 46 - Sd. On 11/12/2015R4,6,10,14,15,16,18,19,24,26,32 - No Such PersonR20 - DeceasedR21 - RefusedR35 - LeftR5,7,8,22,30,31 And 43 - Tracking Sheet Only FiledR13 ,22,25,33,39,44- Aos Not Filed https://www.mhc.tn.gov.in/judis 9/14CRP No. 4607 of 2015ORDERThis Civil Revision Petition arises against the order passed by the learned Principal District Judge, Chengalpet in O.S SR No.10700 of 2015 dated 07.11.2015.2. By the impugned order, the learned District Judge had come to a conclusion that the plaintiffs are not in possession of the property and therefore, they have to value the suit under Section 37(1) of Tamil Nadu Court Fees and Suit Valuation Act and not under Section 37(2). Challenging the same the present revision. 3. The case of the plaintiffs is that in a partition effected amongst their ancestors, the suit schedule mentioned and few other properties fell to the share of one E.K.Saravanaswamy Mudaliar. The partition deed had been entered into on 13.07.1962. Saravanaswamy Mudaliar had passed away intestate on 22.05.1966. He had left behind his legal heirs, one E.S.Swaminatha Mudaliar, and two other children. The legal heirs of the Saravanaswamy https://www.mhc.tn.gov.in/judis 10/14CRP No. 4607 of 2015Mudaliar divided the properties amongst themselves, by way of a koor chit on 17.08.1974 and 21.03.1984. It is their further case that the suit schedule mentioned properties fell to the share of E.S.Swaminatha Mudaliar. The said E.S.Swaminatha Mudaliar passed away on 17.04.1986 leaving behind the plaintiffs and the defendants 1 to 3 as his legal heirs. They further pleaded that on 05.03.1992, the defendants 1 to 3 obtained the signature of the 2nd plaintiff on an unregistered release deed, and on 14.12.1992, the said defendants obtained the signature of the first plaintiff on an unregistered partition deed. Their plea is that on the basis of these two unregistered documents, the defendants 1 to 3 had manipulated the revenue records and also formed an unapproved layout. The plaintiffs came to know about these facts only when some of the defendants attempted to encroach upon the suit schedule properties which they successfully prevented. In order to get their rightful 1/5th share each, they knocked on the doors, which came to be obstructed by the impugned order.4. The learned counsel for the petitioners and the other respondents are absent. Mr.P Jagadeesan, who represents respondents 11, 12 and 17 is https://www.mhc.tn.gov.in/judis 11/14CRP No. 4607 of 2015present.5. I heard Mr.P.Jagadeesan and I went through the records .6. For the purpose of court fee and jurisdiction, the averments made in the plaint alone matters. A perusal of para 5 of the plaint discloses that the plaintiff has specifically stated that the first plaintiff is residing jointly with the defendants 1 to 3 under one roof. This shows that she is not out of possession, as held by the learned Principal District Judge. Furthermore, when the court is considering a plaint in suit for partition, at the time of numbering, it should only deal with the statements made in the plaint and not travel beyond the same. The impugned order shows as if the defendants 1 to 3 had filed a suit and obtained an injunction and therefore, it is deemed that the plaintiffs are out of possession. Yet again, a careful perusal of the plaint shows that the suit for permanent injunction in O.S No.393 of 2014 on the file of the District Munsif at Alandur had been presented by the defendants 1 to 3 not only on their behalf, but also on behalf of the plaintiffs. Whether this averment is true or otherwise can be gone https://www.mhc.tn.gov.in/judis 12/14CRP No. 4607 of 2015into only at the time of trial.7. The position of law that prevails, at the time of numbering a suit, has been settled by a judgment of this Court in Selvaraj Vs. Koodankulam Nuclear Power Plan India Limited represented through its Project Director, (2021) 3 LW 677. The learned Judge held that a trial Court should not don on itself the role of the defendant and step into the game of litigation. If the defendants, so desire, they can always raise their objection on court fees by filing an appropriate application under Section 12(3) of the Tamil Nadu Court Fees and Suit Valuation Act. Let not the Court play any further role than required at the time of numbering. The ministerial job, of checking whether the plaint complies with the requirements of Civil Procedure Code, Civil Rules of Practice, circular and Standing orders; does not empower the court to deal with matters which are judicial in nature . When the plaint specifically pleads that the first plaintiff is in joint possession along with the defendants 1 to 3, I fail to understand how the learned Judge could have come to a conclusion that the plaintiffs are out the possession. https://www.mhc.tn.gov.in/judis 13/14CRP No. 4607 of 20158. In the light of the above discussion, the Civil Revision Petition succeeds. The order passed by the learned Principal District Judge, Chengalpet in O.S SR No.10700 dated 07.11.2015 is set aside. There shall be a direction to the learned District Judge to take the plaint on file, if it is otherwise in order. Whatever defences are open to the defendants, are left open. 9. Accordingly, the Civil Revision Petition is allowed. No costs. 12-06-2025umaNote to the Registry: The original of the plaint filed along with the revision shall be returned to the learned counsel for the revision petitioner after receiving necessary endorsement.Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis 14/14CRP No. 4607 of 2015 V.LAKSHMINARAYANAN J. umaToThe Principal District Judge, ChengalpattuC.R.P No.4607 of 201512.06.2025