IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 5 OF FEBRUARY, 2026 MISC. PETITION No. 90 of 2026 SHYAMLAL Versus SMT. REKHA BAI AND OTHERS Appearance:

Shri Surendra Patel - Advocate for the petitioner.

ORDER The present petition has been filed by the petitioner/defendant being aggrieved by the order of the trial court thereby rejecting his application under Order 7 Rule 11 CPC which is placed on record as Annexure P/9 dated 14.08.2025 holding that how much land is vacant and how much construction is there on the land in question, is a point to be determined after evidence and at this stage it cannot be adjudged that the valuation made by the plaintiff is at lower side.

2. The necessary facts leading to the present petition are that the respondent herein had filed a civil suit in which initially the valuation made by the plaintiff was challenged on the ground that valuation ought to be as per market value and that objection was sustained by the trial court vide order dated 27.09.2023 and plaintiff was directed to value the suit accordingly and pay the court fees on advalorem basis. Thereafter the plaintiff valued the suit at Rs.1,10,000/-