RAM PRASAD KUMBHKAR Vs. GEETA BAI KUMBHKAR

JUDGEMENT

(1.) Defendants have filed this revision to assail the validity of order dated 04.01.2012 passed by the Additional District Judge, Sonkatch in MA No. 5A/2011. By the order impugned the appeal was allowed and the order passed by the Trial Court returning the plaint to the plaintiff for its presentation in the court of proper jurisdiction was set aside. It is not disputed that appellant No. 1 is the step-son of respondent No. 1. The original owner of the land was Badrilal, father of appellant No. 1 and late husband of respondent No. 1. After his death appellant No. 1 is said to have executed a sale deed in favour of other appellants, therefore, the respondent No. 1 herein filed a suit for declaration, permanent injunction and partition. The suit was as per Section 7(IV)(c) of the Court Fee Act and on different reliefs claimed in the suit fixed amount of court fee was paid. After service of summons applicants filed an application under Order 7 Rule 11 of the CPC for the rejection of the plaint on the ground that the suit was grossly under-valued and upon proper valuation of the suit, it would be within the pecuniary jurisdiction of the District Judge and Civil Judge, Class-II.

(2.) The application was opposed by the respondent No. 1.

(3.) Learned Trial Judge after hearing the arguments allowed the application and returned the plaint in view of the provisions contained in Order 7 Rule 10 of the CPC for being presented in the proper court after payment of the requisite court fee. That order of the court was challenged in Misc. Appeal by the respondent. As mentioned above, the appellate court by the order impugned has allowed the appeal and set aside the order passed by the trial court.