Back
DEEPAK KUMAR TIWARI
Tankeshwar Prasad Dewangan, S/o. Late Shri Janak Prasad Dewangan – Appellant
Versus
Bindu Dewangan, S/o. Late Shri Janak Prasad Dewangan – Respondent
ORDER :
1. This civil revision is filed against the order dated 04.12.2023 passed by Civil Judge, Class-I, Narayanpur, in Civil Suit No.01/2021 (Bindu Dewangan Vs. Tankeshwar Dewangan and Ors.), whereby, an application filed by the applicant/defendant No.1 under Order 7 Rule 11 (b) C.P.C. for rejection of plaint objecting that suit is undervalued, has been dismissed.
2. The plaintiff/respondent No.1 has filed a suit claiming title, permanent injunction and possession over four rooms of the house situated on the suit land which has been occupied by defendants No.1 to 5. The plaintiff also prayed to declare the order passed by the Naib Tahsildar, Narayanpur on 21.09.2017 in Revenue Case No.9/A-6/2016-17, as void.
3. Learned counsel for the applicant submits that no proper valuation has been made in respect of the suit property. He places reliance in the matter of Bharat Bhushan Gupta Vs. Pratap Narain Verma and anr reported in AIR 2022 SC 2867 : AIR Online 2022 SC 861 to submit that the defendant has right to raise the objection in respect of valuation of the suit and if there materials or objectives standard for the valuation, and yet the plaintiff ignores the same and proceeds for arb
The correct valuation of the suit property is essential for determining the court fees and ensuring fair proceedings.
The valuation of the suit property and the court fee to be paid are matters of trial and the defendants shall be at liberty to lead evidence at that stage. While deciding an application under Order V....
The main legal principle established in the judgment is that the valuation of a suit property in a suit for recovery of possession from a trespasser should be based on the relief sought in the plaint....
Trial courts must adjudicate proper valuation and allow time for fee remittance rather than dismissing suits prematurely.
The court established that the valuation of a suit must adhere strictly to the provisions of the Tamil Nadu Court Fee and Suit Valuation Act, and that any attempt to manipulate the valuation to gain ....
A defendant must file a written statement to dispute the plaintiff's valuation; reliance on external valuation certificates by the court is an improper basis for rejecting a plaint.
The issue of proper court fees being paid is essentially an issue between the plaintiff and the State, and the defendant cannot be termed as an 'aggrieved party' to invoke the revisional jurisdiction....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
