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NEENA BANSAL KRISHNA
Sandip Kumar Roy Choudary & Mr. Harsh V. Agarwala – Appellant
Versus
Indian Plumbing Association Through Its President Mr. Gurmit Singh Arora – Respondent
JUDGMENT
Neena Bansal Krishna, J. -
I.A. 4632/2021
1. An application under Order VII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the defendant for return of the plaint on the ground of suit valuation.
2. It is submitted in the application that the plaintiff has filed the suit for declaration for declaring the Resolution no. 4 passed in the National Executive Committee (NEC) Special Meeting no. IPA/NEC Spl. Mtg./02 held on 11.12.2020 as illegal, arbitrary, null and void and also for injunction for restraining the defendant Company from giving it effect and operation.
3. The defendant Association has filed a Written Statement. The defendant has asserted in the application that in terms of the Section 15 of CPC, every suit instituted in the Court of the lowest grade competent to try it. The plaintiffs have grossly overvalued the present suit which has no nexus with the cause of action and is an abuse of process of law. The plaintiffs have dishonestly and intentionally inflated the value of the suit with an object to bring within the jurisdiction of this Court. The Arbitrary and whimsical value of ?2,00,
The nature of relief determines the court fee payable, and the plaintiff has the discretion to value the suit according to its own estimation, unless it is found to be fixed arbitrarily and with mala....
Valuation of suit – It is nature of relief claimed in plaint which is decisive of question of suit valuation – Market value does not become decisive of suit valuation merely because an immovable prop....
Valuation of suits for declaration with consequential relief must relate to market value and should not be arbitrary, following Section 7(iv)(c) of the Court Fees Act, 1870.
The appellant has the right to decide the value of the suit, but the court fee must be paid on the same amount as the valuation for jurisdiction. If the trial court finds a deficit in court fee, it s....
The valuation of IPR suits should not be presumed to be undervalued, and the issue of undervaluation should be evaluated based on the facts of each case.
Trial courts must adjudicate proper valuation and allow time for fee remittance rather than dismissing suits prematurely.
(1) Suits valuation – Issue of a deliberate suppression of valuation would have to be considered and answered based on facts obtaining in an individual case.(2) IPR Suit – Unless twin conditions of c....
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....
For a suit to be considered a commercial dispute, it should meet both the requirements of falling within the definition of a commercial dispute and having a specified value of more than Rs. 3 lakhs. ....
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