IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7269 OF 2022 (Arising out of S.L.P.(Civil)No.16321 of 2016) S. SUGANYA & ORS. . ..Appellant(s) Vs. K. SIVAKUMAR & ORS. ...Respondent(s) O R D E R Leave granted. 2. The above appeal arises out of an order passed by the High court of Judicature at Madras in a Civil Revision Petition confirming an order passed by the trial Court in an application taken out by the second defendant under Section 12 of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 (for short "The Act"). 3. We have heard learned counsel for the parties. 4. The appellants herein filed the suit being O.S.No.153 of 2009 on the file of the Principal District Munsif, Erode praying for a declaration that a particular gift deed executed in favour of the defendants was null and void. 1
5. The suit property was valued at Rs.75,000/- (Rupees seventy five thousand) and the court fee had been paid by the appellants. 6. Upon receipt of summons, the first defendant moved an application in IA No.451/2010 under the Act, for a proper valuation of the suit. The said application was disposed of by the Principal District Munsif by an order dated 9 th February, 2011 holding that even as per the document, the valuation of the property was more than Rs.1,00,000/- (Rupees one lakh) and since the pecuniary jurisdiction of the Principal District Munsif, Erode at that time was Rs.1,00,000/- (Rupees one lakh), the plaint ought to be returned under Order 7 Rule 10 of the Code of Civil Procedure, 1908. 7. Subsequently, after the suit got transferred to the Subordinate Court, Erode the second defendant moved a fresh application under Section 12 of the Act, which came to be allowed by the Subordinate Court. The order of the Subordinate Court was challenged by the plaintiffs before the High Court in a revision. The High Court dismissed the revision forcing the plaintiffs to come up with the above appeal. 2
8. It may be true that the order of the Principal District Munsif, Erode in O.S.No.153/2009 dated 9 th February, 2011, was eventually under Order 7, Rule 10, CPC but nevertheless the said order disposed of the application filed by the first defendant under Section 12 of the Act. Once an application of the same nature had been disposed of one way or the other, there is no scope for filing a fresh application under the same provision. Therefore, the appeal is allowed. The impugned order of the High Court confirming the order of the trial Court is set aside. The trial Court is directed to proceed with the trial of the suit from the stage at which it was slated. 10. In view of the fact that the suit is of the year 2009, the trial Court shall endeavour to dispose of the suit within a period of six months. ......................J. [S.ABDUL NAZEER] ......................J. [V.RAMASUBRAMANIAN] New Delhi; October 13, 2022. 3
ITEM NO.3 COURT NO.4 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No. 3162/2014 passed by the High Court of Judicature at Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR & ORS. Respondent(s) Date : 13-10-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Ms. V.Mohana,Sr.Adv. Mr. B.Karunakaran,Adv. Mr. K.Balambihai,Adv. Mr. M.Dinesh Kumar,Adv. Ms. Tanisha Samanta,Adv. Ms. Sneha Sanjay Botwe,Adv. Mr. S. Gowthaman, AOR For Respondent(s) Mr. R.Ganesh,Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. Pending application, if any, also stands disposed of. (ANITA MALHOTRA) (KAMLESH RAWAT) AR-CUM-PS COURT MASTER (Signed order is placed on the file.) 4
ITEM NO.8 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No.3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 08-03-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. V. Mohana, Sr. Adv. Mr. B. Karunakaran, Adv. Mr. S. Gowthaman, AOR For Respondent(s) Mr. R. Ganesh, Advocate Mr. G.Balaji, Advocate UPON hearing the counsel the Court made the following O R D E R List after a week on a non-miscellaneous day. (ARJUN BISHT) ( RANJANA SHAILEY ) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.7 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No. 3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 17-02-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. M. Venmani, Adv. Mr. S. Gowthaman, AOR For Respondent(s) Mr. Mukesh Kumar Singh, Adv. Ms. Kajal Rani, Adv. Mr. Maneesh Saxena, Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by the learned counsel for the respondent, list immediately after two weeks on a non- miscellaneous day. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.8 Court 9 (Video Conferencing) SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No. 3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 25-01-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. V. Mohana, Sr. Adv. Mr. B. Karunakaran, Adv. Mr. C.Loganathan, Adv. Ms. K. Balambihai, Adv. Mr. S. Gowthaman, AOR For Respondent(s) Mr. R. Ganesh, Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R List immediately after three weeks on a non-miscellaneous day. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.18 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No. 3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 01-12-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. V. Mohana, Sr. Adv. Mr. B. Karunakaran, Adv. Mr. C. Loganathan, Adv. Mr. S. Gowthaman, AOR For Respondent(s) Mr. R. Ganesh, Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R List in the fourth week of January, 2022 on a non- miscellaneous day. (ARJUN BISHT) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.7 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No.3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 27-10-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. V. Mohana, Sr. Adv. Mr. B. Karunakaran, Adv. Mr. S. Gowthaman, AOR For Respondent(s) Mr. R. Ganesh, Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R List on 01.12.2021. In the meanwhile, learned counsel for the parties are permitted to file the relevant Act as well as relevant High Court judgments alongwith the list of dates. (ARJUN BISHT) (PRADEEP KUMAR) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.8 Court 9 (Video Conferencing) SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No.3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 23-09-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mrs. V. Mohana, Sr. Adv. Mr. B. Karunakaran, Adv. Mr. C. Loganathan, Adv. Ms. Venmani, Adv. Mr. S. Gowthaman, AOR For Respondent(s) Mr. R. Ganesh, Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R List on 27.10.2021. In the meantime, learned counsel for the parties are permitted to file additional documents. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.35 Court 10 (Video Conferencing) SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No.3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 16-08-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. S. Gowthaman, AOR For Respondent(s) Mr. R. Ganesh, Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R A request for adjournment is made on account of illness of learned counsel for the petitioner. List after three weeks on a non-miscellaneous day. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
ITEM NO.43 COURT NO.17 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No. 3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioners VERSUS K. SIVAKUMAR Respondent Date : 21-10-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioners Mr. B. Karunakaran, Adv. Mr. Anirudha J., Adv. Mr. M. Tabish Zia, Adv. Mr. S. Gowthaman, AOR For Respondent Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R In view of the request made in the letter circulated on behalf of the respondent, list the matter after two weeks. (Deepak Guglani) (Indu Kumari Pokhriyal) Court Master Assistant Registrar
ITEM NO.47 COURT NO.16 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16321/2016 (Arising out of impugned final judgment and order dated 05-11-2015 in CRPPD No. 3162/2014 passed by the High Court Of Judicature At Madras) S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date :27-09-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. B. Karunakaran, Adv. Mr. M. Tabishzia, Adv. Mr. Anirudhaj, Adv. for Mr. S. Gowthaman, AOR For Respondent(s) Mr. G. Balaji, AOR (NP) UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioners, list after three weeks. [ CHARANJEET KAUR ] [ INDU KUMARI POKHRIYAL ] A.R.-CUM-P.S. ASSTT. REGISTRAR
ITEM NO.21 REGISTRAR COURT. 1 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA Petition(s) for Special Leave to Appeal (C) No(s). 16321/2016 S. SUGANYA & ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) Date : 01-08-2018 This petition was called on for hearing today. For Petitioner(s) Mr. S. Gowthaman, AOR For Respondent(s) Ms Shiva Kumar, Adv. Mr. G. Balaji, AOR UPON hearing the counsel the Court made the following O R D E R Sole respondent has filed counter affidavit. Registry to process the matter for listing before the Hon'ble Court as per rules. KAPIL MEHTA Registrar 01.08.2018 hj
SLP(C)........CC 9501/16 1 ITEM NO.44 COURT NO.3 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 9501/2016 (Arising out of impugned final judgment and order dated 05/11/2015 in CRPPD No.3162/2014 passed by the High Court of Madras) S. SUGANYA AND ORS. Petitioner(s) VERSUS K. SIVAKUMAR Respondent(s) (With appln.(s) for c/delay in filing SLP and c/delay in refiling SLP and office report) Date : 29/06/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE DR. JUSTICE D.Y.CHANDRACHUD For Petitioner(s) Mr.R.Balasubramanian, Sr.Adv. Mr.B.Karunakaran, Adv. Mr. S. Gowthaman, Adv. For Respondent(s) Upon hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners has placed reliance on sub-Section (2) of Section 12 of the Tamil Nadu Court Fees and Suit Evaluation Act, 1965. Based thereon, it is the contention of the learned counsel for the petitioners, that the issue of Court fee could not be determined after the commencement of the recording of evidence. Insofar as the question of recording evidence is concerned, learned counsel for the petitioners has invited our attention to the affidavit filed by the second plaintiff (PW-1) on
SLP(C)........CC 9501/16 2 behalf of the plaintiff's side dated 09.11.2009 (Annexure P-2) so as to contend that the evidence was commenced on 09.11.2009. Delay condoned. Issue notice. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS COURT MASTER
LISTED ON. 29.6.2016 COURT NO. 3 ITEM NO. 44 SECTION XII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO. 1 (Application for condonation of delay in filing of Special Leave Petition) AND INTERLOCUTORY APPLICATION NO.2 (Application for condonation of delay in re-filing of Special Leave Petition) IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) CC...NO. 9501 OF 2016 S. Suganya & Ors. ...Petitioners Versus K. Sivakumar …Respondent OFFICE REPORT The matter above mentioned has been filed on 18 th March, 2016 against the impugned judgment and final order dated 5 th November, 2015 passed by the High Court of Judicature at Madras in C.R.P. (PD) No. 3162 of 2014, which is barred by time by 42 days and the same was defective. After curing the defects the Counsel has re-filed the Petition which is also barred by time by 21 days and Counsel for the Petitioner has filed an application for condonation of delay in re-filing the Special Leave Petition. It is submitted that Counsel for the Petitioner has filed a letter dated 5 th May, 2016 stating therein that citations/judgment/gift deed dated 12 th May, 1978 is not necessary and listed before the Hon'ble Court at his own risk. Copy of the Advocate's letter dated 5 th May, 2016 is placed at page No. 85 of the Special Leave Petition Paper books. The applications in the matter above mentioned are listed before the Hon'ble Court with this office report. Dated this the 20 th day of June, 2016. ASSISTANT REGISTRAR Copy to: Mr. S. Gowthaman, Advocate ASSISTNAT REGISTRAR vk
(SLP(C)........CC 9501/16 1ITEM NO.44 COURT NO.3 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C)......CC No(s).9501/2016(Arising out of impugned final judgment and order dated 05/11/2015in CRPPD No.3162/2014 passed by the High Court of Madras)S. SUGANYA AND ORS. Petitioner(s) VERSUSK. SIVAKUMAR Respondent(s)(With appln.(s) for c/delay in filing SLP and c/delay in refilingSLP and office report)Date : 29/06/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE DR. JUSTICE D.Y.CHANDRACHUDFor Petitioner(s) Mr.R.Balasubramanian, Sr.Adv. Mr.B.Karunakaran, Adv. Mr. S. Gowthaman, Adv. For Respondent(s) Upon hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners has placed relianceon sub-Section (2) of Section 12 of the Tamil Nadu Court Fees andSuit Evaluation Act, 1965. Based thereon, it is the contention ofthe learned counsel for the petitioners, that the issue of Courtfee could not be determined after the commencement of the recordingof evidence. Insofar as the question of recording evidence isconcerned, learned counsel for the petitioners has invited ourattention to the affidavit filed by the second plaintiff (PW-1) onSLP(C)........CC 9501/16 2behalf of the plaintiff's side dated 09.11.2009 (Annexure P-2) soas to contend that the evidence was commenced on 09.11.2009.Delay condoned. Issue notice. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS COURT MASTER