CHANDRA KISHORE Vs. ANIL KUMAR

JUDGEMENT

(1.) THE First Appeal, U/S 96 of Civil Procedure Code, and the Civil Revision U/S 115 of the C.P.C. have been preferred against the judgment and order dated 30 -11 -99, passed by Civil Judge (Senior Division), Dehradun, rejecting the amendment application No. 115 -Ka, consequently rejecting the plaint of Original Suit No. 100 of 1996 for want of proper valuation of the suit and deficiency in court fee under Order -7 Rule -11 C.P.C. In both, the F.A. and the C.R. the same judgment and order has been challenged and similar controversy is involved, therefore, these are being decided by this common judgment.

(2.) BRIEF facts of the case are that the plaintiffs/appellants instituted a suit against the defendant/respondent for permanent injunction, prohibitory injunction and declaration in respect of the property shown in the Schedules given with the plaint. The defendant/respondent filed written statement. In para - 35 of the W.S. the defendant/respondent raised objection regarding devaluation of the suit and deficiency in court fee paid by the plaintiffs/appellants. The Civil Judge on the pleadings of parties framed as many as 11 issues in the suit. Issue No. 10 was framed regarding devaluation of the suit and deficiency in court fee. The learned Civil Judge on 30.8.99 decided the issue No. 10 as preliminary issue and held that the plaintiffs has sought four distinct reliefs in respect of six properties. The plaintiff valued the suit at Rs. 25,00,000/ - but the court fee paid has not been clarified. The learned Civil Judge decided the issue No. 10 in affirmative and held that the plaintiffs have not valued the suit properly and the court fee paid was insufficient. Therefore, the plaintiffs were directed to correct the proper valuation of the suit and pay required court fee within seven days. Thereafter the plaintiffs filed amendment application 115 -Ka on 1.10.1999. The trial Court invited objections against the above application. The defendant filed objection against the amendment application.

(3.) FEELING aggrieved by the aforesaid judgment and order the plaintiffs/appellants have preferred the first appeal and the civil revision before this Court.