JAFAR IMAM Vs. DEVENDER CHAUHAN AND ORS.

JUDGEMENT

(1.) IA No. 20314/2013 in CS(OS) 1843/2013 (By Defendant No. 2 under Order 7 rule 11 CPC)

(2.) THE Defendant No. 2 has filed the present application under order 7 rule 11 of the Code of Civil Procedure (Hereinafter referred to as the CPC) seeking rejection of the plaint on the ground that the Plaintiff has not correctly valued the suit for the purposes of Court fees and jurisdiction and has not paid the requisite court fees on the same.

(3.) AS per the applicant/Defendant No. 2, the Plaintiff has sought cancellation of five sale deeds which are registered at different values and the Plaintiff has valued the relief for cancellation of the sale deeds at Rs.200/ - each and not at the values mentioned in the respective sale deeds and has not paid the requisite Court fees on the same. As per the applicant, since the Plaintiff is not in possession of the property, the suit should have been valued on the basis of the consideration mentioned in the respective sale deeds and ad valorem court fees should have been paid there on.