Partition Suit: Threshold amount for consideration by High Court?
Aaron Smothers
(Querist) 04 July 2011
This query is : Resolved
Hello,
I am writing with reference to a partition suit filed over 5 years ago in the Chennai High Court for a share of at least 30 lakhs on the house of the deceased.
After exchanging some plaints and responses with the defendants, and languishing in the queue for much of the time, I have now been told (by the advocate) that the case is being transferred to a "Civil Court" because the claimed amount (of 30 lakhs) is too small for consideration by the High Court!!
What is going on? Is there any legislation or law passed very recently which dictates that the amount of the claim in a partition suit has to be a certain minimum in order to be considered by the High Court??
If anything, since the original plaint was lodged, the market value of the disputed property has nearlydoubled, thus only increasing the amount of the claim.
I will appreciate a clarficiation in this regard!
adv. rajeev ( rajoo )
(Expert) 04 July 2011
I couldn't understand how come the case is filed in the HIgh Court? First remedy is available in the lower courts. High Jurisdiction is only for appeal or writ
R.Ramachandran
(Expert) 04 July 2011
Dear Mr. Rajeev,
Madras High Court has original jurisdiction and that is how the suit for partition might have been filed there.
Aaron Smothers
(Querist) 04 July 2011
Yes, mr. Ramachandran. My advocate tells me that even now, the Madras High Court retains jurisdiction over partition suits filed there as long as the share contended amounts to more than Rs 25 lakhs. Shares between 10 and 25 lakhs, I am told, are referred to an Additional Civil Court in Chennai.
In my case, the case currently stands transferred to an Additional Civil Court, and accordingly, has been assigned a new/different number.
We are seeking to file an amendment to the original plaint with revised estimates on the property value(s), and as a consequence, have the case re-transferred to the High Court. I am told that we will need to get a certificate from an independent property value assessor, and file it along with the amended application.
A more crippling worry for me now is the following:
the case has been in front of the Madras High Court since early 2006-- over five and a half yaers ago. When the case gets back to the HIgh Court from the Civil Court now, will it join the tail of the queue, or retain its original position in the queue of cases waiting to be adjudicated? I shudder to think of the prospect of losing 5.5 years of time because of the transfer and re-transfer!
Canm anything be done to retain its original priority among the High Court cases?
Much appreciate your insights!
Many thanks!
prabhakar singh
(Expert) 04 July 2011
some High Court,so also,Madras High Court has original jurisdiction ,subject to pecuniary limits,revised from time to time,for that amendment should have been brought before Madras High Court,in all likely hood,its' chase of trail.
Aaron Smothers
(Querist) 05 July 2011
Thank you.
I have received further advice and counsel over the past day, the crux of which can be summarized as follows:
there is no inherent advantage in seeking to re-transfer the case back to the High Court. If anything, the case could move faster in the Additional Civil Court now.
The value quoted in the partition suit is only notional, and the system allows the market value of property to come into play at the time the case receives judgment after trial. So, I don't need to seek re-transfer to the High Court merely because today's market value of the disputed property brings the case within today's High Court pecuniary limits..
On the whole, I am now inclined to regard the transfer of the case as a possible blessing rather than a curse.
