SHYLAJA Vs. D VIVEKANANDAN

JUDGEMENT

(1.) The defendants 1, 2 and 4 are the petitioners herein in the present revision which is filed against the order dismissing their application seeking for rejection of the plaint under Order VII Rule 11 of the Civil Procedure Code. The main ground raised in the aforesaid application for rejection of the plaint is that the relief claimed in the suit is undervalued since the suit property is a residential housing plot whereas the plaintiff had valued the suit property as an agricultural land. The court had rejected the petitioner's plea stating that no documents were produced alongwith the application under Order VII Rule 11 CPC to substantiate the nature of the property and that the issues raised for claiming rejection of plaint can be determined during the trial.

(2.) The learned counsel for the petitioners submitted that the sale deed dated 24.12010 which is a prime document relied upon by the plaintiff is for a residential plot where the sale consideration has been shown as Rs. 32,70,000/-. By pointing out the valuation in the plaint, the learned counsel submitted that the market value of the suit property have been calculated for the relief of declaration based on the kist value of the property and as such the valuation for the relief claimed is under-valued. As such, the learned counsel submits that in view of Order VII Rule 11 (b), the plaint is liable to be rejected.

(3.) The learned counsel for the respondents on the other hand submitted that the petitioners herein ought to have substantiated their claim by producing relevant documents to establish the nature of the property and there is no infirmity on the finding of the court below and hence the application under Order VII Rule 11 CPC does not require any consideration in the absence of such documents. Even otherwise, the learned counsel submitted that the issues with regard to the valuation of the suit can be gone during the course of trial and as such, the present Civil Revision Petition requires to be rejected.