Judgement Key Points

D.L. MEHTA, J.—This revision petition is directed against the judgment-dated, 18.1.89 passed by the learned Additional District Judge No. 6, Jaipur City, Jaipur.

2. Plaintiff instituted a suit in the court of learned District Judge, Jaipur City, which was transferred in the court of Additional District Judge No. 6, Jaipur City, Jaipur. Plaintiff valued the suit at Rs. 10,001/-. Defendant submitted the written statement and raised the objection that the property is worth more than Rs. 1 Lac and plaintiff should be asked to make payment of the court fees valuing the suit at Rs. 1 Lac.

3. Application was also moved subsequently under section-11 of the Rajasthan Court Fees Act and prayer was made that the Court should inquire about the valuation of the property in dispute and decide this point first before hearing of the suit as contemplated by order 14 C.P.C. Application moved by the defendant was rejected by the trial court. Being aggrieved with the order of rejecting this revision petition has been filed.

4. Mr. Lodha appearing on behalf of the petitioner has cited before me the case of Moti Lal v. Jagdish Prasad (1), in which it has been held as under:-

"Sec. 11(1) lays down that the C

Click Here to Read the rest of this document