VIVEK AGARWAL Vs. PREETI AGARWAL

JUDGEMENT

(1.) The appellants herein are defendants in a Civil Suit No.14 of 2015, "Smt. Preeti Agarwal and Others Vs. Vivek Agarwal and Another", as it was preferred before the Court of Civil Judge (S.D.), Pauri Garhwal.

(2.) After the exchange of the pleadings, an issue cropped up for consideration before the learned trial Court by way of issue no.7, as to "whether the suit has been appropriately valued or not, particularly, in the context of relief 'C'," as it was sought for in the plaint.

(3.) The said issue pertaining to the Court fees has been decided by the trial Court vide its impugned order of 22/6/2017, wherein the Court of Civil Judge (S.D.) has observed, that in accordance with the Court Fees and Suit Valuation Act under Sec. -5, the suit has been held to be appropriately valued. Accordingly, the valuation of the disputed property as it was prescribed by the Nagar Palika and no deficiency, as such, was pointed out by the learned trial Court, which was at all required to be made by the plaintiffs/ respondents herein, it is this order which has been challenged by the defendants/appellants by preferring an Appeal From Order under Sec. 6A of the Court Fees Act to be read with Sec. 104 of the CPC.