SANJEEV KUMAR AND OTHERS Vs. PREMNARAYAN AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India, challenges the order dated 20.10.2011 whereby the application preferred by the petitioners/defendants under Order 14 Rule 2 C.P.C. was rejected by the Court below.

(2.) In a suit for declaration, partition and permanent injunction, the petitioners/defendants filed their written statements. The Court below framed nine issues vide Annexure P-6. Thereafter, the petitioners filed an application under Order 14 Rule 2 C.P.C. on 2.5.2011 on the ground that the issues regarding valuation of the suit be decided as preliminary issue. The Court below rejected the said application by the impugned order.

(3.) The case of the present petitioners is that the suit is not properly valued by the plaintiffs/respondents. The plaintiffs have not paid proper and adequate court fees. The court below rejected the same on the ground that at this stage only plaint averments and documents filed by the plaintiffs are required to be seen for the purpose of valuation of the suit. In addition, the Court below opined that there are diametrically opposite stand regarding market value of the property in question. Both the parties are relying on different documents/material for the purpose of valuation of the property. Accordingly, the Court below opined that this cannot be gone into at this stage and this is a mixed question of fact and law which can be determined only after recording evidence of the parties. On this score alone, the impugned order was passed rejecting the said application. In addition, it is stated that certain portion of the suit property is valued as agricultural land. The nature of land, the documents on the strength of which valuation is to be made etc., are matter of evidence and only after recording evidence, proper valuation can be made. In my opinion, there is no legal flaw in the said order.