VIJAY KUMAR GARG Vs. ARJUN RAO

JUDGEMENT

(1.) IN a suit for declaration, permanent injunction and setting aside of sale deeds filed by the plaintiffs, the petitioners/defendants No. 9, 13 & 14 filed application under Order 7 Rule 11 C.P.C. (Annexure P -4). It is contended that the sale deeds against which a suit is filed with prayer to declare them inoperative, their total valuation is Rs.2,07,90,000/ -. With the objection that the suit is undervalued, the application under Order 7 Rule 11 C.P.C. (Annexure P -4) is filed. It is replied by the plaintiffs by Annexure P -5. It is not disputed by the plaintiffs by filing such reply or during argument before this Court that the total valuation of the sale deed is Rs.2,07,90,000/ -.

(2.) AN objection was raised in Annexure P -5 that the court fees is properly paid. The Court below by impugned order dated 6.5.2013 rejected the application on the ground that the plaintiff was not party to the sale deeds and, therefore, the Court fees is not required to be paid as per the valuation of the sale deeds.

(3.) CRITICIZING this order, Shri A.V.Bharadwaj submits that the Court below has missed the real point and did not address on the real point.