[2025:RJ-JD:22183]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 21840/2024 Baldev Kumar S/o Late Shri Kanhaiyalal Tanwar, Aged About 53 Years, R/o Lakhara Shiv Mandir Ke Pass, Lakhara Chowk, Nokha, Bikaner.

----Petitioner Versus

1. Bhanwar Lal S/o Late Shri Kanhaiyalal Tanwar, R/o B-23, Gandhi Colony, Pawanpuri, District Bikaner.

2. Devkishan Tanwar S/o Late Shri Kanhaiyalal Tanwar, R/o

6/110, Muktaprasad Colony District Bikaner.

3. Dr. Prakash Chand Tanwar S/o Late Shri Kanhaiyalal Tanwar, R/o B-12, Rajnagar Udasar Fanta, Jaipur Road, District Bikaner.

4. Rishi Kumar S/o Late Shri Kanhaiyalal Tanwar, R/o Bhutto Ka Choraha, Pirsa Mazar Ke Pass, District Bikaner.

5. Jai Narayan Tanwar S/o Late Shri Kanhaiyalal Tanwar, R/o B-413, Khaturiya Colony, District Bikaner.

6. Shriratan S/o Late Shri Kanhaiyalal Tanwar, R/o Bhadaniyon Ki Pirol Ke Andar, Bhujiya Bazar, District Bikaner.

7. Ramkishore S/o Late Shri Kanhaiyalal Tanwar, R/o Vinod Advocate Ki Gali, Dinbandhu School, Ke Pass, Purani Chungi Chowki, District Bikaner.

8. Geeta Devi W/o Late Shri Jhanwar Lal S/o Late Hri Kanhaiyalal Tanwar, R/o A-28, Shiv Hanuman Mandir Ke Pass, Karninagar Pawanpuri District Bikaner.

9. Madanlal S/o Late Shri Jhanwar Lal S/o Late Shri Kanhaiyalal Tanwar, R/o A-28, Shiv Hanuman Mandir Ke Pass, Karninagar Pawanpuri District Bikaner.

10. Manish S/o Late Shri Jhanwar Lal S/o Late Shri Kanhaiyalal Tanwar, R/o A-28, Shiv Hanuman Mandir Ke Pass, Karninagar Pawanpuri District Bikaner.

11. Jaya Saini W/o Kuldeep Saini D/o Late Shri Jhanwar Lal, R/o C/o Harish Chandra Saini, Gyan Bhawan, Plot No, 15-

16, Model Town, Riwadi.

12. Santosh Devi W/o Vasudev Deora D/o Late Shri Kanhaiyalal Tanwar, R/o Bidasar Bari Ke Bahar, Neem Ke Gatte Ke Pass, District Bikaner.

13. Sodra W/o Sukhdev Gehlot D/o Late Shri Kanhaiyalal Tanwar, R/o Ramdevji Mandir Ke Pass, Pipal Ke Gatte Ke Pass, Purani Ginnani, Bikaner.

----Respondents For Petitioner(s) : Mr. Sushil Bishnoi For Respondent(s) : Mr. Mukul Krishna Vyas HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

08/05/2025

1. Heard the parties.

2. The plaintiff-respondent No.1 had filed a suit for partition. In para No.7 of the plaint, the plaintiff specifically asserted that the suit property is jointly owned and possessed by the plaintiff and respondent-defendants.

3. By the impugned order dated 28.11.2024 passed in Civil Case No.11/2014, the trial court rejected the prayer of the petitioner for payment of ad valorem court fee. The petitioner has relied on Section 35 of the Rajasthan Court Fee and Suit Valuation Act, 1961, which reads as follows:-

“35. Partition Suits.-

(1) In a suit for partition and separate possession of a share in joint family property or of property owned, joint or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share of the property.

(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates namely.-

(i) Rupees thirty if the value of plaintiff’s share is Rs.5,000/- or less;

(ii) Rupees one hundred if the value is above Rs.5,000/- but does not exceed Rs.10,000; and (iii) Rupees two hundred is such value exceeds Rs.10,000.

(3) Where, in a suit falling under sub-section(1) or sub-section (2) a defendant claim partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession.

(4) Where, in a suit falling under sub-section (1) or sub-section (2) the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in section 38, separate fee shall be payable on the relief of cancellation in the manner spec