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 absence of any other document, at the present stage of suit cannot be discarded and the valuation put by the plaintiff cannot be said to be incorrect and the suit cannot be said to be undervalued and in any case on the basis of guidelines, the market value at the stage of consideration of application under Order 7 rule 11 CPC cannot be determined and in such circumstances the question of under valuation of the suit has to be decided only after framing of issue and after recording the evidence of the parties.

5. As such, the impugned order is not sustainable and is set aside and the application under Order 7 rule 11 CPC is hereby dismissed. However, the respondents/defendants shall be at liberty to raise all the objections in the written statement and the learned trial Court shall decide the same after framing issue and after recording evidence of the parties, certainly at the time of final adjudication of the suit along with other issues.

6. Accordingly, miscellaneous petition is allowed and disposed off.

7. Interim application(s), if any, shall stand disposed off.