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2024 Supreme(MP) 1

VIVEK RUSIA
Ramchandra Banarsi, S/o. Devilal Banarsi – Appellant
Versus
Radhabai @ Devkabai, W/o. Kanhaiyalal Choudhary – Respondent


Advocates Appeared:
For the Petitioners: Shri Rishi Tiwari, Adv.
For the Respondents: Shri Rishiraj Trivedi, Adv.

ORDER :

Petitioners/defendant Nos.1, 2, 4, and 8 to 10 have filed this present petition being aggrieved by the order dated 04.05.2022 whereby the learned Civil Judge, Senior Division has rejected the application filed under Order VII Rule 11 of CPC.

The facts of the case in short are as under :

2. Respondent No.1 being a plaintiff has filed a civil suit for declaration, permanent injunction, partition, possession, and cost of the suit, etc. against petitioners and respondent Nos.2 to 5. By way of the aforesaid suit, the plaintiff is seeking the partition of agricultural land of various Survey numbers and areas mentioned in paragraph No.3 of the plaint. In paragraph No.12 of the plaint, the plaintiff valued the suit Rs.10,000/- for the relief of declaration, Rs.10,000/- for the relief of permanent injunction and Rs.2,160/- (Lagaan Rs.108 X 20) for partition and possession, in total valued the suit Rs.22,160/- and paid the court fees of Rs.840/-.

3. The petitioners appeared before the Civil Court and filed an application under Order VII Rule 11 of CPC seeking rejection of the plaint on the grounds of non-payment of improper valuation as well as non-payment of ad-valorem court fees on the

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