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Madras High CourtA/5196/2022ordered

Dr.A.Anthony Irgudhayaraj And Another v. Mrs.A.M.Pushpa Joe And 2 Others

2022-12-16Honourable Mr Justice N. Seshasayee2 pages

A. Nos.5196 & 5266 of 2022 in C.S. No.733 of 2011 A. Nos.5196 & 5266 of 2022 in C.S. No.733 of 2011 N.SESHASAYEE. J., These applications have been filed for framing additional issues in C.S. No.733 of 2011.

2. Heard both sides and perused the pleadings. The following issues are framed as additional issues for consideration of the suit :

1) Whether the suit is maintainable for not challenging the sale deed dated 28.08.1981, registered as Document No.3360/1981.

2) Whether the suit is barred under Section 4 of the Benami Transaction (Prohibition) Act, 1988?

3) Whether the suit is bad for non-joinder of necessary parties?

4) Whether the suit is properly valued?

5) Whether the suit is barred by limitation?

https://www.mhc.tn.gov.in/judis

A. Nos.5196 & 5266 of 2022 in C.S. No.733 of 2011 N.SESHASAYEE.J., Asr

3. Affidavit of documents by two weeks and inspection thereafter in two weeks. Registry is now required to post the matter for trial before the Additional Master II on 30.01.2023, for trying the aforesaid issues. 16.12.2022 Asr A. Nos.5196 & 5266 of 2022 in C.S.No.733 of 2011 https://www.mhc.tn.gov.in/judis