ANU Vs. SURESH VERMA

JUDGEMENT

(1.) IA 4888/2011 (on b/o. defendant under Order 8 Rule 1 CPC for condonation of delay in filing the written statement) This is an application by defendant No.2 for condonation of delay in filing written statement. The written statement has been filed after thirty days though much before expiry of ninety days. As agreed by the learned counsel for the plaintiff, the delay in filing written statement is condoned.

(2.) THE application stands disposed of. IA 10693/2011 (O.7 R.11 CPC filed by D-1 and D-2)

(3.) SECTION 8 of the Suits Valuation Act, 1887 provides that where other than those referred to in the Court-fees Act, 1870 SECTION 7, paragraph v, vi and ix, and paragraph x, clause (d), Court-fees are payable ad valorem under the Court-fees Act, 1870, the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same. SECTION 9 of the above- referred Act provides that when the subject-matter of suits of any class, other than suits mentioned in the Court-fees Act, 1870, SECTION 7, paragraph v and vi, and paragraph x, clause (d) is such that in the opinion of the High Court it does not admit of being satisfactorily valued, the High Court may with the previous sanction of the State Government, direct that suits of that class shall, for the purposes of the Court-fees Act, 1870, and of this Act and any other enactment for the time being in force, be treated as if their subject-matter were of such value as the High Court thinks fit to specify in this behalf. In exercise of powers conferred by SECTION 9 of Suits Valuation Act, Punjab High Court made rules which are applicable to Delhi. Suits for partition of property-- Court-fee--(a) as determined by the Court-fees Act, 1870 Value--(b) For the purpose of the Suit Valuation Act, 1887, and the Punjab Court Act, 1918 the value of the whole of the property as determined by SECTIONs 3, 8 and 9 of the Suits Valuation Act, 1887. It would thus be seen that in view of the rules framed by Punjab High Court under SECTION 9 of Suits Valuation Act, which admittedly are applicable to Delhi, there can be separate valuations for the purpose of Court fee and jurisdiction. The valuation for the purpose of jurisdiction has to be the value of the whole of the properties subject matter of partition, whereas valuation for the purpose of Court fee would be such as is provided by the Court-fees Act. SECTION 7(iv)(b) of Court Fees Act, provides that in a suit to enforce the right to share in any property on the ground that it is a joint family property, the amount of fee payable under Court-fee Act, shall be computed according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. It further provides that in all such suits the plaintiff shall state the amount at which he values the relief sought by him. Article 17(vi) of Schedule II of Court-fees Act provides for payment of a fixed Court fee in a suit where it is not possible to estimate at a money value the subject matter in dispute, and which is not otherwise provided for by this Act.