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2026 Supreme(Online)(Ker) 9946

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
NANU NADUKKANDIYIL – Appellant
Versus
AMMAD VADAKKEPUTHANPURAYIL – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.SREEHARI, SRI.K.RAJESH SUKUMARAN, SHRI.HAMZA A.V., SMT.APARNA M.P., SHRI.VIGNESH S., SMT.DHANYA C.R.
For the Respondents: SRI.ZUBAIR PULIKKOOL, SHRI.U.ANANDAPADMANABHA MENON

JUDGMENT

The plaintiff in a suit for declaration and injunction has come up in this appeal aggrieved by the rejection of the plaint under Order 7 Rule

11(b) of the Code of Civil Procedure, 1908 .

2. The brief facts necessary for the disposal of this appeal are as follows:

The plaintiff sued the defendant in a declaration of title and injunction by showing the market value of an extent of 1.95 Acres as Rs,10,000/- and paying court fee under Sections 25 (b) and 27(c) of the Kerala Court Fees and Suits Valuation Act, 1959 at Rs.220/-. The defendants entered appearance and raised a preliminary issue regarding the valuation of the suit and contended that the valuation is not proper. According to the defendant, the mandatory requirement of Section 10 of the Kerala Court Fees and Suits Valuation Act, 1952 (1959), is not complied with. The trial court on 17.3.2022 found that the relief claimed is undervalued but did not proceed to adjudicate the claim; on the contrary, it directed the plaintiff to submit a statement of valuation and posted the case to 22.3.2022. However, no such statement was submitted. Later, finding that the statement of valuation had not been filed by the plaintiff, reje

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