GAURAV ASHOK AGARWAL Vs. LEELA BHADUJI NAGRARE

JUDGEMENT

(1.) Heard Mr. Kothari, learned counsel for the applicants and Mr. Chaudhari, learned counsel for the non-applicants.

(2.) The challenge is to the order dtd. 26/10/2021 an application under Order 7 Rule 11 (b) & (d) of the CPC for rejection of the plaint on account of the claim that the suit in claim being undervalued and the suit being barred by limitation as wells as for the purpose of not claiming a relief, under the proviso to Sec. 34 of the Specific Relief Act.

(3.) Insofar as the challenge in the impugned order in relation to Order 7 Rule 11 (b) of CPC is concerned, in Writ Petition No. 4695/2021 between the same parties decided by me today, I have already held that the claim in suit insofar as it seeks a relief of cancellation of the agreement of development dtd. 17/2/2004, the same has to be valued at Rs.2,20,12,000.00 and the appropriate Court fees has to be paid thereupon. In light of which the challenge to the impugned order insofar as it relates to Order 7 Rule 11 (b) of CPC could not survive.