L.P.ALAGHAPPA CHETTIAR Vs. V.JANARDHANAN

JUDGEMENT

(1.) The Petitioners/Defendants have preferred the instant Civil Revision Petition as against the Order dated 07.09.2010 in I.A.No.3158 of 2009 in O.S. No.1724 of 2009 passed by the Learned I Additional District Munsif, Coimbatore.

(2.) The Learned I Additional District Munsif, Coimbatore, while passing the Order dated 07.09.2010 in I.A.No.3158 of 2009 in O.S.No.1724 of 2009, has categorically inter alia observed that . this Court is of the considered view that this Court can infer or decide the question whether the sale consideration is genuine or fraudulent only at the time of trial and it must be proved or disproved only by the evidence. This disputed fact is unable to be decided in a premature stage, etc., and further, opined that all the averments made by the Petitioners can be a defence for contesting the case of the Respondents at the time of trial and resultantly, dismissed the petition without costs.

(3.) Challenging the Order of dismissal dated 07.09.2010 in I.A.No.3158 of 2009 in O.S. No. 1724 of 2009 passed by the Learned I Additional District Munsif, Coimbatore, the Learned Counsel for the Petitioners/Defendants submits that the trial Court has dismissed the Application for rejection of plaint, based on valuation of the suit without dealing with the ingredients of Section 40 and Section 25(d) of Tamil Nadu Court-Fees and Suits Valuation Act, 1955. Further, the trial Court has relegated that aspect of the matter to be examined at the time of trial of the main case with procedure, is not correct in law.