2024:CGHC:46570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 393 of 2024

1 - Sukhlal S/o Harilal Aged About 56 Years Kumhar By Caste, R/o Village Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 2 - Vijendra S/o Harilal Aged About 56 Years Kumhar By Caste, R/o Village Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 3 - Kamlawati D/o Harilal, W/o Dalyal Aged About 34 Years R/o Village Bade Salhi Giddhajhoriya, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 4 - Boby D/o Harilal Aged About 50 Years Kumhar By Caste, R/o Village Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 5 - Sunil Kumar S/o Sukhlal Aged About 32 Years Kumhar By Caste, R/o Village Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 6 - Sushil Kumar S/o Sukhlal Aged About 29 Years Kumhar By Caste, R/o Village Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G.

... Petitioners versus

1 - Manbasiya D/o Ramdas, W/o Tejiram Aged About 65 Years R/o Village Bade Salhi Saraipara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 2 - Ramsai S/o Dadu Aged About 65 Years R/o Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 3 - Ramnaresh S/o Late Bhaiyalal Aged About 34 Years R/o Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G.

Digitally signed by 4 - Tuleshwar S/o Late Bhaiyalal Aged About 30 Years R/o Bachra Turrapara, KRISHNA KRISHNA KUMAR Post Podi, Tehsil Khadgawa, District Koriya, C.G.

KUMAR BARVE BARVE Date:

2024.11.27 +0530 5 - Govind S/o Late Bhaiyalal Aged About 26 Years R/o Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 6 - Bacchalal S/o Late Dadu Aged About 60 Years R/o Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 7 - Chotelal S/o Late Dadu Aged About 60 Years R/o Bachra Turrapara, Post Podi, Tehsil Khadgawa, District Koriya, C.G. 8 - State Of Chhattisgarh Through Collector, Koriya, C.G. 9 - Ashok Jaiswal S/o Satyanarayan Jaiswal Aged About 53 Years Caste Jaiswal, R/o Village Samariya, Post And Tehsil Podi Bachra, District Koriya, C.G.

... Respondents For Petitioners : Shri Shakti Raj Sinha, Advocate.

For Respondents : Shri Bhupendra Shrivas on behalf of Shri Anil S.

No.1 to 7 & 9 Pandey, Advocate.

For Respondent No.8: Shri SK Puriya, Panel Lawyer.

Hon'ble Shri Deepak Kumar Tiwari, J

Order On Board

27/11/2024

1. Since the parties are represented, the application (IA No.2/2024) has become infructuous and it is accordingly disposed of.

2. This Petition has been filed assailing the order dated 6.4.2024, whereby while considering the application filed by the petitioners/defendants under Order 7 Rule 11 (b) of the CPC stating that the relief claimed is undervalued, the trial Court, i.e. the 1^st Civil Judge, Class-I, Baikunthpur, in Civil Suit No.28-A/2022, has directed the petitioners to correct the valuation in terms of Section 7 (v) of the Court Fees Act, 1870. The petitioners were further directed to value the Court Fee 20 times of the land revenue so assessed or so payable, as the subject matter is the land.

3. Facts of the case are that the plaintiff has filed a suit for partition and declaration of the sale deed executed on 4^th March, 2022, as null and void. The plaintiff has only valued for partition and valued the suit for Rs.2,000/- and affixed the Court Fee of Rs.200/-. As he has not valued the suit according to the reliefs, the private defendants have raised an objection in which the impugned order has been passed.

4. Learned counsel for the petitioners would submit that the plaintiff has sought relief of partition and as per Section 7 (vi-a) of the Court Fees Act, 1870, for a suit of partition, valuation has to be made. For ready reference, the aforesaid provision reads thus:-

“7. Computation of fees payable in certain suits.-

xxx xxx xxx xxx xxx xxx xxx xxx xxx (vi-a) In suits for partition. -

(a) according to one-half of the value of the plaintiff’s share of the property; and (b) according