VIPIN KUMAR SAMAIYA Vs. VARSHA SAMAIYA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India takes exception to the order dtd. 21/03/2023 whereby application preferred by the petitioner/defendant under Order XIV Rule 5 of CPC was dismissed.

(2.) Briefly stated, the respondent/ plaintiff filed a suit for partition and mesne profit which was registered as RCS-27-A/2013. After completion of pleadings, the Court below framed issues on 10/12/2012. The defendant then filed an application under Order 7 Rule 11 of CPC for rejection of plaint which was decided by the Court below on 07/02/2020 (Annexure P/6). Thereafter, petitioners/defendants filed an application under Order XIV Rule 5 of CPC (annexure P/7) on 24/11/2022 and prayed for framing of two issues - (i) Whether plaintiff has properly valued his suit. (ii) Whether, suit filed by plaintiff is barred by pecuniary jurisdiction.

(3.) Shri Sanjay Agrawal, learned Senior Advocate submits that the Court below has rejected the said application solely on the ground that there is no pleading/ foundation in this regard in the written statement.