HARISHCHANDRA PANDURANG BHOI Vs. MUSAB ANIS DOLARE

JUDGEMENT

(1.) Heard learned counsel for the Petitioner and the Respondent.

(2.) By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the order dtd. 28/2/2017 passed by the 2 Jt. Civil Judge Senior Division, Kalyan, below Exhibit-42 in Special Civil Suit No. 348 of 2016.

(3.) The application at Exhibit-42 was filed by the present Respondent No. 1 under Order-7 Rule 11(b) and (c) of the Civil Procedure Code (for short, "C.P.C.") for rejection of the plaint on the ground that the suit claim is not properly valued. It was submitted that the present Petitioner who is the Plaintiff, before the trial Court has filed the suit for declaration that the judgment and decree dtd. 3/2/2016 passed in Special Civil Suit No. 303 of 2015 is obtained by fraud and not binding on him. The Petitioner has valued the suit claim accordingly on the amount of Rs.7,50,000.00, which is on the same amount of valuation as made in Special Civil Suit No. 303 of 2015. As regards the valuation of this suit claim made by the Petitioner, the Respondent has not raised any grievance.