SANJAY LAGWAL Vs. RAM DITTA LAGWAL

JUDGEMENT

(1.) In the present suit instituted by the plaintiff praying for a decree for declaration, partition and other reliefs the defendant No. 1 has filed an application under Order 7, Rule II of the Code of Civil Procedure which is registered as I.A. No. 3423/1997. The defendant No. 1 has also filed another application undersection 8(1) of the Indian Arbitration and Conciliation Act, 1996 praying for referring all the claims of the plaintiff with respect to the partnership firm -M/s. R.D.Lagwal & Sons, its assets and rendition of accounts to arbitration in terms of the arbitration agreement between the parties as contained in the Partnership Deed dated 20th November, 1984. By this common order I propose to dispose of the said two applications finally.

(2.) I have heard the learned Counsel appearing for defendant No. 1 as also for the plaintiff on both the applications.

(3.) I.A. No. 3423/1994: In this application under Order 7, Rule 11 of the Code of Civil Procedure the defendant No. 1 has sought for rejection of the plaint on the ground that the reliefs claimed in the suit are under-valued and insufficient Court fee has been paid. Counsel for the defendant No. 1 submitted that the plaintiff for his claim for partition has valued the suit for purposes of jurisdiction at Rs. 3.75 crores but for the purposes of Court fee he has valued the said claim at Rs. 200.00 . The Counsel submitted that according to the statement made in the plaint the plaintiff is entitled to 1 /6th share in the property and thus his claim for partition is Rs. 62.50 lacs and therefore, as per Section 8 of the Suits Valuation Act the Court fee is payable advalorem and was required to be paid on Rs. 62.50 lacs and having not been so valued and paid the plaint is liable to be rejected. He further submitted that the plaintiff has also valued his claim for dissolution of partnership and separation of his share in the firm and rendition of accounts at Rs. 5 lacs for the purposes of jurisdiction and for the purposes of Court fee the plaintiff has valued the plaint at Rs. 200.00 and thus the plaintiff has under-valued the suit on this account as well.