Madras High Court
CRP/6923/2026 of KANNAMMAL Vs K.VELMURUGAN on 3 November 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6923 of 2026
& CMP.No.29769 of 2026
CNR:{HCMA012483682026}
1. Kannammal
Wife of Saravanan,
Door No.3E2, Kamaraj Street,
Amman Nagar,
Kumarapalayam Agraharam Village,
Kumarapalayam Taluk,
Namakkal District.
2. Saravanan
Son of Karnan,
Door No.3E2, Kamaraj Street,
Amman Nagar,
Kumarapalayam Agraharam Village,
Kumarapalayam Taluk,
Namakkal District.
...Petitioners
Vs
1. K.Velmurugan
Son of Karnan,
Door No.3E2, Kamaraj Street,
Amman Nagar,
Kumarapalayam Agraharam Village,
Kumarapalayam Taluk,
Namakkal District.
Now residing at
Door No.5/307-F, Vellakal Kadu,
Thookavadi Village,
Thiruchengode Taluk,
Namakkal District
2. Nithiyadevi
Wife of Sathishkumar,
Daughter of Velmurugan,
Door No.3E3, Kamaraj Street,
Amman Nagar,
Kumarapalayam Agraharam Village,
Kumarapalayam Taluk,
Namakkal District
Now residing at
Kanjikovil, Ellispettai via,
Erode District.
3. Ishwarya
Wife of Mohanraj,
Daughter of Velmurugan,
Door No.5/701-11, Thiriveni Nagar,
Veppadai, Elanthakuttai Village,
Kumarapalayam Taluk,
Namakkal District.
4. Mohanapriya
Wife of Balakumar
Daughter of Velmurugan,
Door No.3E2, Kamaraj Street,
Amman Nagar,
Kumarapalayam Agraharam Village,
Kumarapalayam Taluk,
Namakkal District
Now residing at
Door No.5/307-F, Vellakal Kadu,
Thookavadi Village,
Thiruchengode Taluk,
Namakkal District.
...Respondents
PETITION under Section 115 of the Civil Procedure Code against the fair order and decretal order dated 13.7.2026 in I.A.No.3
of 2025 in O.S.No.98 of 2024 on the file of the District Munsif Court, Kumarapalayam.
For Petitioners:
Mr.S.Arun Prasath
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This civil revision petition has been filed under Section 115 of the Civil Procedure Code (CPC) against the order dated 13.7.2026 in I.A.No.3 of 2025 in O.S.No.98 of 2024 on the file of the District Munsif Court, Kumarapalayam (for short, the Court below) wherein the application filed by the petitioners/D2 & D3 seeking to reject the plaint, came to be dismissed.
2. Heard the learned counsel for the petitioners.
3. This Court has carefully considered the submissions of the learned counsel for the petitioners and perused the materials available on record and more particularly the impugned order.
4. The respondents, who are the plaintiffs, filed the said suit seeking for the relief of declaration to declare certain documents as null and void and not binding on them and for permanent injunction. In the said suit, the petitioners/D2 & D3 filed the said application under Order VII Rule 11 of the CPC seeking to reject the plaint on the ground that there was no cause of action for filing the said suit, that the said suit has been undervalued and that proper court fee has not been paid.
5. The Court below, after considering the contentions raised on either side, came to the conclusion that no ground was made out for rejection of the plaint. Aggrieved by that, the above civil revision petition has been filed before this Court.
6. The first ground that was urged by the petitioners/D2 & D3 for rejection of the plaint is that there was no cause of action for filing the said suit since the document has been validly executed by the power of attorney agent and that the suit property has been conveyed through sale deeds dated 28.12.2023, based on which, the petitioners/D2 & D3 have been inducted into possession of the suit property.
7. The Court below has taken into consideration the stand taken by the respondents/plaintiffs to the effect that the life certificate that was relied upon was a fabricated document, that the very sale deeds executed did not bind the respondents/plaintiffs and that the said issue could be considered only after both the parties let in evidence.
8. In so far the issues regarding the valuation of the suit property and the payment of court fees were concerned, the Court below found that the court fee has been paid under Sections 25(a) and 27(c) of the Tamil Nadu Court Fees and Suits Valuation Act in line with the relief that has been sought for.
9. The reasoning given by the Court below cannot be said to be illegal and those grounds that have been raised by the petitioners/D2 & D3 would necessarily require letting in evidence. Therefore, the petitioners/D2 & D3 are not precluded from raising those grounds before the Court below and the findings have been rendered by the Court below only based on the averments made in the plaint together with the documents filed along with the plaint.
10. In the light of the above discussions, the above civil revision petition is dismissed and the impugned order dated 13.7.2026 in I.A.No.3 of 2025 in O.S.No.98 of 2024 on the file of the District Munsif Court, Kumarapalayam stands confirmed. Consequently, the connected CMP is also dismissed.
03-11-2026 To The District Munsif Court, Kumarapalayam. RS
N.ANAND VENKATESH,J RS CRP.No.6923 of 2026& CMP.No.29769 of 2026 03-11-2026