RAVI MALHOTRA Vs. PREM MALHOTRA

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 11/9/2018 passed by the learned Single Judge rejecting the appellant/ defendant's application being LA. No. 23748/2014 under Order VII Rule 11 CPC. The appellant has also assailed the order dtd. 5/10/2018 passed in Review Petition No. 383/2018, whereby the review sought by him against the order dtd. 11/9/2018 was also rejected.

(2.) The respondents/plaintiffs instituted a suit against the appellant/defendant to seek a decree for partition and permanent injunction in respect of property No. 17, Road No. 8, Punjabi Bagh, New Delhi on the premise that the plaintiffs and the defendant are co-owners of the said property.

(3.) After the demise of their father, Late Shri Jaidev Malhotra, the plaintiffs are residing in USA and therefore, the suit has been instituted through their General Attorney. It has been averred in the plaint that the plaintiffs are in joint possession of the suit property which has, accordingly, been valued for purposes of court fee and jurisdiction. The appellant/defendant has filed his written statement, claiming therein that the plaintiffs, not being in possession of the suit property, were required to pay ad valorem Court fees on the value of their share in the same.