RAVIPAL Vs. MUMTAZ BEGUM

JUDGEMENT

(1.) Civil Revision Nos. 49/2007 and 50/2007 arise out of the same order i.e. order dated 26-12-2006 passed in Civil Suit No.27-A/2006 by Second Civil Judge, Class-II, Bemetara, District Durg therefore, both the revisions are being disposed of by the common order.

(2.) The facts briefly stated are as under: Non-applicant/plaintiffs instituted a suit claiming relief of declaration, injunction and possession with regard to the suit land. The defendants have filed their written statement. They have also filed an application under Order 7 Rule 11 of C.P.C. and contended that the suit is under valued; proper Court fee has not been paid and the suit is barred by limitation.

(3.) After hearing the parties, learned trial Court rejected the contentions of the defendants with regard to Court fees and valuation, also held that the question of limitation as raised cannot be decided at this stage and the same shall be decided after recording evidence in the case. '