SHANKUTALA RANI Vs. RAJESH BHATT DECD

JUDGEMENT

(1.) This appeal by the plaintiff/appellant is directed against the order dated 17th Novcmhcr, 1998 of a learned Single Judge by which the plaint was ordered to be returned to the plaintiff for presentation before a Court of competent jurisdiction.

(2.) In terms of the order under appeal, the plaint was ordered to be returned for being presented before .a Court of competent jurisdiction by the Single Judge observing :-

(3.) Relying on the decisions in S. Rm. Ar. S. Sp. Sathappa Chettiar Vs. S. Rm. Ar. Rm. Ramanathan Chettiar, AIR 1958 SC 245 and Smt. Sheila Devi & Ors. Vs. Sh. Kishan Lal Kalra & Ors., 1974 (II) ILR (Delhi) 491 (FB), submission advanced by Sh. Ajit Dayal appearing for the appellant was that Section 7 (iv) (d) of the Court Fees Act, 1870 gives a right to the plaintiff to place any valuation that he/she likes in a suit of this nature and the Court has no power to interfere with the plaintiff's valuation.