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2023 Supreme(SC) 664

C. T. RAVIKUMAR, SUDHANSHU DHULIA
B. P. Naagar – Appellant
Versus
Raj Pal Sharma – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Avinash Kr. Lakhanpal, AOR Mr. Piyush Lakhanpal, Adv. Mr. Dhiraj Kumar, Adv. Mr. Rahul Kumar Singh, Adv. Mr. Navin Kumar, Adv.
For the Respondent(s): Mr. Sudhir Kumar Gupta, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. A suit that has not been properly valued and for which the correct court fee has not been paid can be rejected under Order 7 Rule 11 of the Civil Procedure Code (CPC) (!) (!) .

  2. The scope of the amendment sought and permitted by the High Court was not clearly discernible from the impugned order, but it involved the valuation of the suit for court fee purposes and the deletion of certain prayers from the plaint (!) .

  3. The core issue in the case revolves around whether the suit was properly valued for court fee and jurisdictional purposes, and whether the plaintiff was liable to pay ad valorem court fees, especially when not a party to the sale deed in question (!) .

  4. The original suit was for declaration and cancellation of certain deeds, with the valuation initially set at a high amount, requiring ad valorem court fee. The defendant challenged this valuation, seeking rejection of the plaint under Order 7 Rule 11 CPC (!) .

  5. The Trial Court initially found that the suit was not properly valued and that proper court fee was not paid, but it granted time to the plaintiff to revalue and pay the correct fee. Subsequent applications for amendment and rejection of the plaint were filed and decided, with the plaint ultimately being rejected (!) (!) .

  6. The High Court's intervention was based on the legal question of whether the suit was properly valued and whether the order rejecting the plaint was a decree subject to appeal. The High Court allowed the plaintiff to amend the plaint and directed further proceedings, including framing an issue on valuation (!) (!) .

  7. The impugned order by the High Court effectively permitted the plaintiff to amend the valuation, which impacted the legal status of the rejection of the plaint. However, the precise nature of the permitted amendment and its legal consequences were not explicitly clear from the order (!) .

  8. The case involved complex legal questions regarding the valuation of suits, the payment of court fees, and the procedural rights of parties to challenge orders under the relevant statutes. The appellate court ultimately remanded the matter for fresh consideration by the High Court to address these issues properly (!) (!) .

  9. The appellate court emphasized the importance of a clear legal process and directed the High Court to dispose of the matter within a specified time frame, without expressing any opinion on the merits of the case (!) .

  10. Overall, the case highlights the significance of proper suit valuation, adherence to procedural requirements for court fee payments, and the appropriate legal remedies available for parties contesting orders related to plaint rejection and valuation issues.


JUDGMENT :

C.T. RAVIKUMAR, J.

Leave granted.

1. This appeal by special leave is directed against the final order dated 02.12.2019 passed by the High Court of Delhi, whereby it allowed C.M. (M) No. 686 of 2019 and C.M. (App.) No. 20889 of 2019 and set aside the orders dated 01.07.2017 and 02.03.2019 passed by the Court of Additional District Judge-II, Central Tis Hazari Courts, New Delhi. The Defendant Nos. 5 to 9 in the suit are the appellants herein and the plaintiff therein is the respondent herein. It is to be noted that Annexure P-14, Memorandum of Writ Petition, which culminated in the impugned order, would reveal that it was filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (for short ‘CPC’), challenging the orders dated 01.07.2017 and 02.03.2019. Considering the rival contentions, it is only apposite to refer to the orders dated 01.07.2017 and 02.03.2019 passed by the Trial Court to know their nature for an appropriate disposal of this appeal.

2. Order dated 01.07.2017 passed by the Trial Court in CS(OS) No. 612960/2016, exhibited as Annexure P-7 in the captioned appeal, would reveal that it was an order passed in an

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