SHRIJI BUILDERS Vs. WIBRO CONSTRUCTION COMPANY

JUDGEMENT

(1.) ADMIT. By consent, heard forthwith. The substantial questions of law that arise for determination in this Second Appeal are as follows:-1. Whether the Courts below could have validly rejected the plaint under Order 7 Rule 11 (b) of the Code of Civil Procedure, without affording an opportunity to the plaintiffs to cure the defect as to valuation? And

(2.) WHETHER the decision to reject the plaint could have been taken by the Civil Judge Junior Division, or was required to be taken by the Civil Judge, Senior Division, Panaji?" 2. There are concurrent findings of both the courts below by which the appellants' plaint has been rejected under Order 7 Rule 11 (b) of the Code of Civil Procedure, for being undervalued.

(3.) THE appellant filed Regular Civil Suit No. 58/03/c in the Court of Civil Judge, Senior Division, Panaji. There is no dispute about this. In the suit the appellant has challenged the validity of a sale deed purportedly executed by the respondent no. 2 on behalf of the appellant in favour of respondent no. 1. The sale deed is valued at Rs. 50,00,000/ -. However, the appellant valued the suit for Rs. 12,000/ -.