LAKHANLAL AGRAWAL Vs. GIRJACHARAN MEHAR

JUDGEMENT

(1.) This Revision has been preferred under Section 115 of the Code of Civil Procedure, 1908 (for short 'the CPC') against the order dated 27.03.2018 passed by the Civil Judge, Class-I, Sakti passed in Civil Suit No.115-A/2015 by which, the application filed by Applicant/Defendant No.2 under Order 7 Rule 11 CPC has been rejected.

(2.) Briefly stated, the facts of the case are that the Plaintiff-Girjacharan Mehar instituted a suit on 05.08.2011 claiming declaration of title, confirmation of his possession, injunction and also praying for declaration that registered deed of sale dated 13.06.2011 executed by his brother namely Ramcharan (Defendant No.1) in favour of the present Applicant Lakhanlal Agrawal on 23.11.2011 to be declared as null and void. According to the Plaint averments, the property in question came in share of the Plaintiff in partition effected on 07.08.1987 and pleaded further that without disclosing this material fact, Defendant No.1 sold the suit property to Defendant No.2 without any authority. Based on these facts, the instant suit has been filed.

(3.) Upon receiving summons of the suit, Defendant No.1 appeared and submitted his written submissions in the year 2012 while contesting the claim of the Plaintiff. After considering the pleadings, the trial Court has framed the issues on 04.2012 and much after filing of the written statement and framing of the issues as such, the application enumerated under Order 7 Rule 11 CPC has been made by Defendant No.2 on 21.11.2017 in which, it has been stated that the Plaintiff was required to pay ad valorem fee with regard to the sale consideration as mentioned in the registered deed of sale dated 106.2011 and stated further that the suit as claimed is improperly valued and therefore, deserves to be rejected.