MANOJ KUSHWAH Vs. CHHOTELAL

JUDGEMENT

(1.) By this revision petition under section 115 of CPC, the petitioner questions the legality and validity of the impugned order dated 07/05/2014 passed by IV Civil Judge, ClassII, Gwalior in civil suit No.71A/2013 by which petitioner/defendant No.1's application under Order VII Rule 11 C.P.C., has been dismissed.

(2.) Facts necessary for disposal of this revision petition in narrow compass are that defendant No.1 has filed an application under Order VII Rule 11 C.P.C., inter alia contending that though the plaintiff has filed a suit for declaration that the sale deed in question is null and void as against him, the suit has been valued on the basis of land revenue payable on the agricultural land which is the subject matter of the sale deed whereas the sale consideration in the sale deed is Rs.6.00 lacs. According to the defendant No.1, the suit ought to have been valued on the basis of sale consideration and accordingly, ad valerom Court fee was required to be paid.

(3.) Trial Court has found that the plaintiff is not a party to the sale deed dated 28/02/2006. Plaintiff has also not claimed the relief of possession as he is in possession over the suit land. Accordingly, plaintiff has sought a declaration that the sale deed be declared as null and void against him and, therefore, plaintiff is not required to affix the court fee on the basis of sale consideration shown in the sale deed. Trial Court has further found that the suit has been properly valued under section 8 of the Suit Valuation Act,1887 (hereinafter referred to as 'the Act'). Proper court fee has been paid. Accordingly, dismissed the application filed by the defendant No.1.