- (1.) INVEIGHING the order dated 25.01.2012 passed in I.A.No.12374 of 2011 in O.S.No.13709 of 2010 by the III Assistant City Civil Judge, Chennai, this civil revision petition is focussed.
(2.) THE parties are referred to hereunder according to their litigative status and ranking before the lower Court.
(3.) A re'sume' of facts absolutely necessary and germane for the disposal of this revision would run thus: The respondent/plaintiff filed the suit seeking the following reliefs: "(a) To declare the Sale Deed dated 07.05.2008 registered as Document NO.1629 of 2008 at Sub Registrar Office, Kodambakkam, as sham, null and void and not binding on the Plaintiff; (b) For permanent injunction restraining the defendant, his men, agents, servants, assigns, legal heirs, etc or anyone claiming under the defendant from alienating, encumbering or in any way deal with the schedule mentioned property to any third party in any manner whatsoever." After entering appearance in the suit, the revision petitioner/defendant filed I.A. under Order VII Rule 11(b) of CPC for rejecting the plaint, on the main ground that as per Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act the suit was not valued, even though there was categorical admission in the plaint to the effect that the petitioner executed the document and got it registered; however she pleaded that she was lulled the belief by the defendant as though she was executing only a power of attorney. According to the defendant, she was bound to pay the Court fee under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act, so to say, ad valorem Court fee on the market value of the suit property.;