DEVASHIS BARUAH
Tayeb Uddin Ahmed @ Tayeb Ali – Appellant
Versus
Kazimuddin And Ors. S/o Late Akram Ali – Respondent
The issue of undervaluation of the suit is addressed in the context of the Court's jurisdiction and the proper valuation of the subject matter of the dispute. The courts below found that the suit was covered under a specific article of the Court Fees Act, and accordingly, the valuation was to be based on the value of the Schedule-B2 land (!) . The appellate court upheld this approach, emphasizing that the proper valuation of the suit is primarily a matter between the plaintiff and the State, and that the courts are empowered to direct payment of court fees based on the valuation of the disputed land (!) .
Furthermore, the appellate court clarified that the question of whether the court fee paid was adequate is a procedural issue and does not necessarily invalidate the suit or appeal, especially when the court has directed the plaintiff to pay the proper fee (!) . The courts also noted that valuation and court fee are distinct issues, and the inadequacy of court fees paid does not automatically render the suit invalid or improperly valued (!) .
In this case, the courts' decisions were based on the legal principle that valuation for court fee purposes is a procedural matter, and the courts have the authority to rectify or direct the proper valuation and fee payment (!) (!) . Therefore, the question of undervaluation pertains mainly to procedural correctness rather than substantive rights, and the courts' approach to valuation was within their jurisdiction and consistent with legal principles.
JUDGMENT AND ORDER :
Devashis Baruah, J.
1. Heard Mr. A. Mobaraque, the learned counsel appearing on behalf of the appellants.
2. The instant appeal arises out of the judgment and decree dated 04.05.2019 passed by the Court of the Civil Judge, Barpeta, Assam in Title Appeal No.58/2017 whereby the said appeal was dismissed thereby affirming the judgment and decree dated 26.09.2017 passed by the Court of the Munsiff No.2, Barpeta, Assam, in Title Suit No.74/2015.
3. The instant appeal has been taken up for consideration at the stage of Order XLI Rule 11 to ascertain as to whether there arises any substantial question of law that can be formulated in terms with Section 100(4) of the Code of Civil Procedure, 1908 (for short the “Code”).
4. For ascertaining as to whether any substantial question of law is involved in the instant appeal that can be formulated, this Court would like to take note of brief facts of the instant case which led to the filing of the instant appeal. For the sake of convenience, the parties herein are referred to in the same status as they stood before the Trial Court.
5. The respondent No.1 herein as plaintiff had instituted a suit which was registered and numbered as
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