Back
BIRENDRA KUMAR
Seema, W/o. Dinesh Choudhary – Appellant
Versus
Shivpyari Choudhary, W/o. Late Bhau Ram Choudhary – Respondent
JUDGMENT :
1. The petitioners are plaintiffs of the Civil Original Suit No.127/2018. The defendant-respondents appeared in the said suit and filed their written statement-cum-counter claim. The plaintiff-petitioners raised objection that the counter claim has been under-valued; unless the defendants correct the valuation of counter claim to the tune of Rs.15,00,000/-, the counter claim is not maintainable. Therefore, prayer was made to ask the defendants to raise the valuation and pay the court fee accordingly, consistent with the requirement of Section 11 of the Rajasthan Court Fees and Suits Valuation Act, 1961. The plaintiff-petitioners further prayed that in the event of default, the plaint be rejected under Order 7 Rule 11 CPC.
Vide impugned order dated 25.08.2023, the Court below has rejected the prayer of the plaintiff-petitioners. The Court below noticed the judgments of this Court in Smt. Cheina and Ors. Vs Nirbhay Singh reported in RLW 1997 (1) Raj. 688 as well as Smt. Geeta Devi Vs Shri Gopal Krishan Vashistha and Anr. reported in RLW 1996 (1) Raj. 460 in support of its view that the question is a mixed question of law and fact and can be decided only after evidence as on
The issue of proper court fees being paid is essentially an issue between the plaintiff and the State, and the defendant cannot be termed as an 'aggrieved party' to invoke the revisional jurisdiction....
Trial courts must adjudicate proper valuation and allow time for fee remittance rather than dismissing suits prematurely.
A defendant must file a written statement to dispute the plaintiff's valuation; reliance on external valuation certificates by the court is an improper basis for rejecting a plaint.
The valuation of the suit property and the court fee to be paid are matters of trial and the defendants shall be at liberty to lead evidence at that stage. While deciding an application under Order V....
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
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....
The duty of the Civil Court and first appellate Court to decide the amount of Court-fees payable and the power of the first appellate Court to adjudicate the issue of Court-fees in the appeal.
Point of law: Court Fee - It is evident that the Court has to find cut that the claim is under valued. Then at least require the plaintiff to correct the valuation and fix a time to pay deficit Court....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
