VIKRAMAJIT SEN, J.

( 1 ) THIS is an application filed by the Plaintiff invoking Order VII Rule 11 read with Section 151 of the CPC for rejection of the Counter Claim filed by the Defendant. My attention has been drawn to paragraph 15 of the Counter Claim which reads thus:-

"15. That parties are in joint occupation and/or symbolic possession of the suit properties, therefore, for the purposes of Jurisdiction is valued at Rs. Two Crores, however for the purpose of court fee fixed court fee of Rs. 20 has been affixed on fixed valuation. The suit as regards the relief of rendition of Account is valued at Rs. 18,54,500, however fixed court of Rs. 20 has been affixed on the fixed valuation. The counter claimant undertakes to pay ad-valorem court fee on the amount adjudicated upon by this hon ble court on rendition of account by defendant No. 1. The counter claimant shall pay the required stamp duty at the time of passing of the final decree of partition as provided under the law".

( 2 ) PREDICATED on these pleadings it is contended by Mr. Mann, learned counsel for the Plaintiff, that since the Defendant has himself stated in the Counter Claim that the Suit as regards the relief for Rendit

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