TANKESHWAR PRASAD DEWANGAN Vs. BINDU DEWANGAN

JUDGEMENT

(1.) This civil revision is filed against the order dtd. 4/12/2023 passed by Civil Judge, Class-I, Narayanpur, in Civil Suit No.01/2021 (Bindu Dewangan Vs. Tankeshwar Dewangan and Ors), whereby, an application filed by the applicant/defendant No.1 under Order 7 Rule 11 (b) C.P.C. for rejection of plaint objecting that suit is undervalued, has been dismissed.

(2.) The plaintiff/respondent No.1 has filed a suit claiming title, permanent injunction and possession over four rooms of the house situated on the suit land which has been occupied by defendants No.1 to 5. The plaintiff also prayed to declare the order passed by the Naib Tahsildar, Narayanpur on 21/9/2017 in Revenue Case No.9/A-6/2016-17, as void.

(3.) Learned counsel for the applicant submits that no proper valuation has been made in respect of the suit property. He places reliance in the matter of Bharat Bhushan Gupta Vs. Pratap Narain Verma and anr reported in AIR 2022 SC 2867 : AIR Online 2022 SC 861 to submit that the defendant has right to raise the objection in respect of valuation of the suit and if there materials or objectives standard for the valuation, and yet the plaintiff ignores the same and proceeds for arbitrary valuation, the Court, is entitled to interfere under Order VII, Rule 11 (b) of the CPC and thus the court will be in a position to determine the correct valuation with reference to the objectives standards or materials available before it. In view of the aforesaid, he prays to allow the revision or pass suitable direction to the concerned Court.