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SUBHASH CHAND
Lagni Mundain, wife of Sri Arjun Munda – Appellant
Versus
Ratan Kumari Surana wife of Sri Abhay Singh Surana – Respondent
JUDGMENT :
1. By way of present civil miscellaneous petition, the petitioner prays for quashing of order dated 25th July, 2024 passed by the learned Civil Judge (Senior Division)-I, Ranchi in MCA No.647 of 2024 arising out of Original Suit No.388 of 2023, whereby and whereunder the application filed by the defendant under Order VII Rule 11(b) of the C.P.C. has been rejected.
2. Learned counsel for the petitioner has submitted that the Original Suit No.628 of 2015 (renumbered as O.S. 388 of 2023) was instituted on behalf of the plaintiffs (O.P. Nos.1, 2 and 3 herein) against the defendants including the petitioners in the Court of Civil Judge (Senior Division)-I, Ranchi for the purpose of pecuniary jurisdiction of the Court, the value of the suit was valued at Rs. 5 lacs.
3. On behalf of the petitioners/defendants, an application was given under Order VII Rule 11 (b) of the Civil Procedure Code before the court concerned and same has been rejected by the court concerned on the ground that issue could be decided by the Court by framing the issue whether the suit is undervalued or not. It has been further submitted that the court of learned Civil Judge (Senior Division)-I was not empower
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 valuation of a suit is determined by the nature of the relief claimed, not solely by the market value of the property involved.
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 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).
A plaintiff's discretion in valuing a suit should only be interfered with upon clear evidence of arbitrary or malicious intent; otherwise, the valuation stands as lawful.
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....
The valuation for jurisdiction determines the proper forum for appeal, and accrued interest should not be included in this valuation.
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