The court emphasized the importance of considering the point of limitation and the relevant rules for valuation of the suit property and payment of court fees.

Rule. Rule made returnable forthwith.

With the consent of parties heard finally.

2. This Civil Revision Application is filed challenging the judgment and order dated 28th June, 2011, passed by the Joint Civil Judge, Junior Division, Mukhed, below Exhibit-49 in Regular Civil Suit No.69 of 2009.

3. The respondents herein, are the original plaintiffs, filed Regular Civil Suit No. 69 of 2009 for partition and separate possession to the extent of area mentioned in the plaint with further prayer to hold that, 9 sale deeds mentioned in the plaint, are not binding upon the original plaintiffs.

In the said suit, the revision applicants herein, filed detailed written statement and raised points that, as per the Bombay Court Fees Act at the time of praying partition of house property, the price of the suit property should be considered on the date of filing the suit and not on the day of purchase of the suit house. The said property should be valued by the office of Sub-Registrar and the Court fees should be paid as fixed by the Sub Registrar. It is stated in the written statement that, valuation of the suit property is shown as Rs.37,500/-and the court fees paid on that basis. But, at present, price of the suit house is R.s2,50,000/-to 3,00,000/-and the applicant has not paid court fees as per the valuation of the suit house. It is further stated in the written statement that, the respondent No.1 has executed sale deed in favour of the respondent Nos. 2 to 7 and the plaintiffs have sought relief of cancellation of the said sale deeds and also to declare the sale deeds null and void and not binding upon the plaintiffs and therefore, as per Bombay Court Fees Act, on every registered sale deed the separate court fee is required to be paid. It is further stated in the written statement that, in paragraph-6 of the plaint, the plaintiffs have claimed that 9 sale deeds shall not be binding on them. After considering the total amount of all the sale deeds, it comes to Rs. 3,35,000/-. The valuation of the suit property comes more than RS.1,00,000/-, hence, Civil Judge, Junior Division, has not jurisdiction to try the suit. It is further stated in the written statement that, period of sale deeds is 23rd December, 1994 to 4th January, 2006 and therefore, as per Indian Limitation Act, suit ought to have been filed within period of three years. If the date of filing of the civil suit is 27th July, 2009 then the suit filed by the original plaintiff Nos. 1 to 9 after the period of three years is barred by limitation and on that count alone, suit is not maintainable.

4. Upon appreciating the rival contentions, the trial Court framed preliminary issue about the jurisdiction of the said Court to try the suit. In that respect, following issue was framed;-

"Whether this Court has jurisdiction to try the suit?".

The concerned Court held that, the suit is not barred on the ground of pecuniary jurisdiction and hence, the suit be tried as per law. Hence, this Civil Revision is filed by the original defendants challenging the order dated 28th June, 2011 passed by the Joint Civil Judge, Junior Division, Mukhed below Exhibit-49 in Regular Civil Suit No. 69 of 2009.

5. The learned Counsel appearing for the revision applicants submitted that, as per Bombay Court Fees Act, at the time of claiming partition of the house property, the price should be considered on the date of filing the suit and not on the day of purchase of the suit house. It is further submitted that, it is also necessary that, the suit property should be valued by the office of the Sub Registrar and the court fees should be paid as fixed by the Sub Registrar but in the present case, valuation of the property is shown as Rs.37,500/-and the court fee is paid on that basis. At present, the price of the suit house is Rs.2,5000/-to 3,00,000/-and the applicant has not paid court fees as per valuation of the suit house. It is further submitted that, as per Bombay Court Fees Act, on every register