This Civil Revision Petition filed against the order dated 24.04.2017 passed in I.A.No:1235 OF 2015 in O.S.No:953 of 2014, on the file of the Principal District Munsif Court, Alandur.
2. The petitioners are the defendants 1 and 2 in the suit in O.S.No.953 of 2014 and the first respondent is the plaintiff. Pending suit, the petitioners herein filed I.A.No.1235 of 2015, under Order 7 Rule 11 of Civil Procedure Code to reject the plaint. The Trial Court has dismissed the same, on 24.04.2017, on the ground that the payment of deficit Court fee should be decided only as a preliminary issue.
3. Aggrieved by the same, the petitioners have filed this Civil Revision Petition.
4. Heard both sides and perused the materials on record.
5. A counter affidavit has been filed by the first respondent. The learned counsel for the respondents would submit that the petitioners are trying to protract the proceedings. Therefore, the respondents have no objection to try the issue of valuation of property as a preliminary issue, for the early disposal of the suit.
6. Considering the facts and circumstances of the case, the learned Principal District Munsif, Alandur directed to try the issue regarding valuation of property as a preliminary issue and to decide the same and continue the trial.
7. With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
26.07.2017 Index: yes/No Speaking/Non-Speaking arr/gmd
M. GOVINDARAJ, J.
gmd To The Principal District Munsif Court at Alandur.
2017 CRP.(PD).No.2299 of 2017 and CMP.No.10853 of 26.07.2017