Jha, J. -- 1. This appeal is filed against the order rejecting the plaint under Order VII rule 11, CPC by the trial Court.

2. Brief facts of the case are as under:

(i) Plaintiff has filed a suit for declaration and perpetual injunction. In the plaint, plaintiff pleaded that suit properties are the properties of Joint Hindu Family. The properties are situated at Gwalior and Surat in the State of Gujarat. Plaintiff has valued the suit at Rs.4lacs. Plaintiff has sought further relief that he should not be dispossessed from the suit properties as he is a coparcener and is entitled for declaration that he has 1/3rd share in the properties of Joint Hindu Family.

(ii) Defendant filed an application under Order VII rule 11, CPC that suit is undervalued in order to avoid the payment of advolarem Court fee on the valuation of the suit. Plaintiff is seeking partition in the garb of declaration. Suit for declaration without seeking consequential relief of partition is not maintainable. Suit as filed is not maintainable.

(iii) Trial Court rejected the plaint on the ground that suit for declaration alone without seeking further relief for partition is not maintainable. Suit for injunction ag