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MAHENDAR KUMAR GOYAL
Chotu Singh, S/o. Lakshmi Narayan – Appellant
Versus
Seema Kanwar, W/o. Shree Pawan Singh – Respondent
Key Points: - The court held that for a suit seeking cancellation of deeds executed by the plaintiff, Section 38 of the Act applies and requires ad valorem court fee on the value of the subject matter; the court can direct valuation on market value and payment of fee accordingly. (!) (!) (!) (!) - The plaint did not specify valuation; the court concluded the valuation should be based on the market value of the land subject matter of the gift deeds, with sufficient court fee paid. (!) (!) - If the suit is valued under Section 24 or under Section 38 as applicable and the court finds improper valuation or insufficient court fee, it can direct the plaintiff to value the suit properly and pay the fee accordingly. (!) (!) - In this case, the revision petition was allowed; the order under Order 7 Rule 11 CPC was quashed and set aside, and the plaintiff was granted time to reassess valuation and pay fee as per market value. (!) - The decision references the distinction between cancellation and declaration in relation to deeds and the corresponding court fee implications depending on executant vs non-executant status. (!) (!)
JUDGMENT :
1. This civil revision petition is directed against the order dated 30.09.2021 passed by the learned Civil Judge, Dausa, District Dausa (Rajasthan) (for brevity, “the learned trial Court”) in Civil Suit No.10/2019 whereby, an application filed by the petitioner/defendant no.2 (for brevity, “the defendant no.2”) under Order 7 Rule 11 CPC has been dismissed.
2. The relevant facts in brief are that the respondent no.5/plaintiff (for brevity, “the plaintiff”) filed a suit for cancellation of two registered gift deeds dated 19.12.2018 and permanent injunction against the defendant no.2 and the respondents no.1 to 4 stating therein that the defendants no.1 to 3 fraudulently got executed the aforesaid gift deeds from him of the ancestral property. Therein, the defendant no.2 filed an application under Order 7 Rule 11 CPC raising objection as to under valuation of the suit and payment of deficit Court fee which has been dismissed by the learned trial Court vide order dated 30.09.2021, impugned herein.
3. Assailing the order impugned dated 30.09.2021, learned counsel for the defendant no.2 submits that since, the suit has been filed for cancellation of the registered gift deeds ex
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