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ARUN BHANSALI
Madan Lal – Appellant
Versus
State of Rajasthan, Through District Collector – Respondent
ORDER
1. This appeal under Order XLIII Rule 1(a) CPC has been filed against the order dated 18/8/2018 passed by the Addl. District Judge No.1, Rajgarh Camp Churu, District Churu, whereby, the trial court has ordered for return of the plaint under Order VII Rule 10 CPC for being presented before the competent court.
2. The appellant-plaintiff filed a suit for declaratory injunction, permanent injunction and consequential relief of possession inter alia claiming that the suit property belonging to the plaintiff and formal defendants no. 8 to 17 is situated at Tara Nagar; chain of title since the issue of Patta in the year 1879 was indicated. It was contended that the State after coming into force of the Rajasthan Tenancy Act, 1955 recorded the land as un-cultivable ’Banjar’ and ’Gochar’, which was unathorized. On the said land, part of Delhi-Bikaner road was constructed and part of it was allotted to Government Sanskrit School and for construction of houses for nomads and Goswami Moksh. The boundaries of the remaining land were indicated. It was then alleged that the State by its order dated 7/6/2002 allotted 3 Bigha 4 Biswa land to the defendant no.6, which was mutated in its name on
The main legal point established in the judgment is the importance of adhering to the rules of procedure and jurisdiction, particularly in relation to the pecuniary jurisdiction and the court in whic....
The main legal point established in the judgment is the proper valuation of the suit and the court's pecuniary jurisdiction as per CPC Sections 6, 15, and 21(2).
The Civil Judge (Senior Division) has jurisdiction to decide suits valued below Rs.5 lacs, and issues of undervaluation must be determined through proper issue framing.
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 a suit is determined by the nature of the relief claimed, not solely by the market value of the property involved.
Point of law: As per sub-Rule(2) to Rule 10 of Order VII of CPC on returning of a counter claim (plaint), the judge shall endorse thereon the date of its presentation and return, the name of the part....
Interim Application - Contract for sale - Court-fee value and jurisdictional value to be same in certain suits - When there is a reasonable doubt with respect to quantum of court fees, the benefit mu....
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