AMITBHAI GANGARAMBHAI Vs. DILIPGIRI SHAYMGIRI GOSAI

JUDGEMENT

(1.) THE challenge in this petition under Articles 226 and 227 of the Constitution of India is to the order dated 23.09.2011, passed by the learned Principal Senior Civil Judge, Morbi, below the application at Exh.88 as well as the order dated 08.10.2010, passed by the learned Second Additional Civil Judge, Morbi, below the application at Exh.1 in Regular Civil Appeal No.01 of 2008, to the extent that it contains observations that the valuation of the suit should be treated at Rs.16,69,350/.

(2.) CONSIDERING the nature of the issue involved in the petition and the submission of learned counsel for the respective parties, that the petition be decided finally at this stage, the Court is proceeding to hear and decide the petition.

(3.) THE petitioner is the original plaintiff of Regular Civil Suit No.1 of 2008 instituted before the learned Principal Senior Civil Judge, Morbi, against the respondents herein, who are the original defendants. The prayer made in the suit interalia is that the Sale Deeds dated 31.03.2005 and 10.03.2006 are illegal and nonest. At the time of filing of the suit, the petitioner had not valued it, therefore, he made an application at Exh.88 on 23.03.2010 stating that the valuation of the suit for the purpose of jurisdiction may be fixed at Rs.5,30,000/.