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1997 Supreme(Raj) 49

V.S.KOKJE
Cheina – Appellant
Versus
Nirbhay Singh – Respondent


Advocates Appeared:
Lalit Kawadia, for Petitioners R.P. Dave, for Respondents

Honble KOKJE, J. – These revision petitions raise a common point and therefore they were heard together and are being decided together.

(2). In all these cases the trial Court has refused to allow applications moved by the defendant for the rejection of the plaint u/O. 7 R. 11 of the Code of Civil Procedure (for short the Code hereinafter) and Sec. 11 of the Rajasthan Court Fees & Suits Valuation Act, 1952. According to the trial Court, the written statements were not yet filed and the question of valuation cannot be decided in absence of a plea in the written statement and an issue framed thereon. The trial Court therefore, directed written statement tobe filed before the point could be decided.

(3). The learned counsel for the petitioner submitted firstly that, earlier , the Court had already passed an Order on 25.7.1991 to proceed to take evidence on the issue. However, all of a sudden on 21.10.1992 the Court reviewed the Order without application and passed a fresh Order which is the impugned Order.

(4). The learned counsel for the non-petitioners submitted that there was nothing wrong with the valuation of the suit and suit being for cancellation of SaleDeed could be valued only





















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