- (1.)THE defendant is before this Court challenging the order of dismissal of his application filed to return the plaint on the ground of pecuniary jurisdiction.
(2.)HEARD Mr.T.V.Sivakumar, learned counsel for the petitioner and Mr.R.Sundar, learned counsel for the respondent.
The respondent/plaintiff filed a suit for recovery of possession based on a partition deed. Subsequently, the petitioner/defendant filed an application contending that the suit is not properly valued as the partition deed itself has been valid at Rs.1,25,000/-. In that event, the trial Court would have no jurisdiction. The said application was dismissed, observing that the Court fee issue would be decided at the time of final disposal of the matter.

When the trial was taken up, the plaintiff was examined as P.W.1 and in the cross-examination, he deposed that ; "TAMIL

(3.)IN view of the evidence of P.W.1 that 'B' schedule property is valued at Rs.1,25,000/-, again the petitioner took out an application to return the plaint to be presented before the proper forum. That application was dismissed, observing that the similar application was dismissed earlier and the issue could be decided at the time of final disposal.
As stated above, P.W.1 himself admitted that Ex.A2 document is valued at Rs.1,25,000/- and based on the said deed only the suit has been filed. He further deposed that a sum of Rs.67,500/- has been shown as value of the suit only to avoid Court fee. When his evidence is categorical that Ex.A.2 is valued at Rs.1,25,000/-, the jurisdiction of the trial Court is ousted because of the pecuniary jurisdiction. Therefore, the trial Court cannot proceed with the matter. As stated by the petitioner, the plaint has to be returned. However, the suit was filed in the year 2002. Moreover, the matter became part-heard and P.W.1 was already examined. Plaintiff's side evidence was over. Defendant's side evidence is being recorded. At this stage, if the plaint is ordered to be returned, both parties would be prejudiced. Moreover it will amount to wasting of Court's time also. The prolongation of proceedings will not benefit anybody.