Stella v. Vimala Alias Marie Magdalin Sebastin (Died), Mary Louis Rajan Rosario
CRP/3857/2026 · 2026-07-16
Abdul Quddhose
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52371 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52371 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRP No. 3857 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE CRP No. 3857 of 2026 and CMP No. 16914 of 2026 Stella Petitioner(s) Vs Vimala Alias Marie Magdalin Sebastin (Died), Mary Louis Rajan Rosario Respondent(s) PRAYER To set aside the fair and decretal order dated 05.03.2026 made in IA No. 711 of 2016 in OS No. 343 of 2008 passed by the Principal District Munsif Court, Karaikal. For Petitioner(s): Mr.P.Dinesh Kumar
ORDER This Civil Revision Petition has been filed, challenging the impugned
order dated 05.03.2026 passed by the Principal District Munsif Court, Karaikal in IA No. 711 of 2016 in OS No. 343 of 2008. 2.Under the aforesaid order, the application filed by the petitioner, who is the defendant in the suit requesting the Trial Court to frame additional issues has been dismissed. https://www.mhc.tn.gov.in/judis
CRP No. 3857 of 2026 3.Learned counsel for the petitioner would submit that three issues were not framed at the first instance by the Trial Court, which are as follows: a)Whether the suit is hit by resjudicata? b)Whether the suit is barred by limitation? c)Whether the suit has been properly valued for the purpose of court fees? 4.Learned counsel for the petitioner would further submit that since a specific plea was not taken by the petitioner/defendant in the written statement with regard to the resjudicata, the Trial Court was right in not framing the said issue. He would submit that the issue of limitation and improper valuation of the suit ought to have been framed by the Trial Court. He would submit that even though in the impugned order, the rights of the petitioner/defendant has been protected with regard to the plea of limitation and valuation by the Trial Court by observing that the said issues can be decided in the main suit even if there are no specific issues framed, unless and until specific issues are framed, the petitioner’s right to take the defence of limitation and improper valuation of the suit will be defeated in the main suit. 5.This Court is not in agreement with the submissions made by the
learned counsel for the petitioner. Infact in the impugned order, the Trial Court has adequately protected the petitioner/defendant by making it very clear that the limitation and improper valuation of the suit issue will be duly considered https://www.mhc.tn.gov.in/judis
CRP No. 3857 of 2026 when the main suit is taken up for consideration. Therefore, this Court is not interfering with the impugned order. However, this Court reiterates that the Trial Court while deciding the main suit will have to consider the plea of limitation and improper valuation of the suit at the time of passing of the final judgment in the main suit. 6.Accordingly, this Civil Revision Petition is disposed of. Consequently, connected CMP is closed. No costs. 16-07-2026 Vga To The Principal District Munsif Court, Karaikal https://www.mhc.tn.gov.in/judis
CRP No. 3857 of 2026 ABDUL QUDDHOSE J. vga CRP No. 3857 of 2026 and CMP No. 16914 of 2026 16-07-2026 https://www.mhc.tn.gov.in/judis