IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Ramsevak Sahu – Appellant
Versus
Mathura Prasad Sahu – Respondent
| Table of Content |
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| 1. petitioner aggrieved by lower court's jurisdiction on valuation. (Para 1) |
| 2. counsel argues the court misapplied valuation principles. (Para 2) |
ORDER :
DEEPAK KHOT, J.
The present petition under Section 115 of the Code of Civil Procedure, 1908 has been filed being aggrieved by the order dated 23.07.2025 passed by Additional Judge to the Court of Civil Judge, Junior Division, Garhakota, District Sagar in RCS-A No. 08-A/2023; whereby, the application submitted under Order 7 Rule 11 of CPC by the petitioner/defendant has been dismissed.
2. It has been submitted by learned counsel for the petitioner that the court below has not appreciated the law on the point of valuation of suit correctly, therefore, the order suffers from jurisdictional error and the learned Court below has committed material illegality and irregularity in not dealing with the question of law in its true perspective.
3. Learned counsel for the petitioner has invited attention of this court towards impugned order, wherein, the learned court below while dealing with the issue in regard to valuation has held that the land in question (subject matter of the suit) being an agricultural land has been valued p
Proper valuation for damages and consequences in agricultural cases must adhere to statutory guidelines of the Court Fees Act.
In suits concerning agricultural land among family members, court fees are governed by S.7(v)(a) rather than partition provisions.
The main legal point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
Valuation of suits for declaration with consequential relief must relate to market value and should not be arbitrary, following Section 7(iv)(c) of the Court Fees Act, 1870.
The duty of the Civil Court and first appellate Court to decide the amount of Court-fees payable and the power of the first appellate Court to adjudicate the issue of Court-fees in the appeal.
In cases involving the declaration of a gift deed as null and void, Section 7(iv-A) of the Court Fees Act mandates the payment of ad-valorem court fees based on the market value of the property.
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