Sultan Jahan vs Sheikh Liyakat - 2023 Supreme(MP) 43

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 43

DWARKADHISH BANSAL
Sultan Jahan – Appellant
Versus
Sheikh Liyakat – Respondent

Advocates:
Mohd. Adil Usmani for petitioner; Satyam Agrawal with Devansh Tiwari for respondents.

ORDER

1. This petition has been preferred by the plaintiff challenging the order dated. 14.8.2019 passed by 2nd Civil Judge Class-II, Bhopal in Civil Suit No. 1238-A/2013 whereby learned Court below has, while considering the defendants' application under Order 7 rule 11 CPC, directed the plaintiff to value the suit and to pay the requisite advalorem Court fee on the basis of guidelines of the year 2013.

2. Upon asking about applicability of guidelines for the purpose of valuation of suit, especially at the stage of consideration of application under Order 7 rule 11 CPC, learned counsel for the respondents submits that learned Court below has not committed any illegality in passing the impugned order relying upon the guidelines and the plaintiff is liable to value the suit on the basis of market valuation and to pay requisite Court fee thereon.

3. Heard learned counsel for the parties and perused the record.

4. From bare perusal of the plaint, it is apparent that the plaintiff has filed the suit for declaration of title and separate possession after partition over 1/3 share as well as permanent injunction and has valued the suit on the basis of registered mortgage deed, which in absenc

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