RAMCHANDRA BANARSI Vs. RADHABAI

JUDGEMENT

(1.) Petitioners/defendant Nos.1, 2, 4, and 8 to 10 have filed this present petition being aggrieved by the order dtd. 4/5/2022 whereby the learned Civil Judge, Senior Division has rejected the application filed under Order VII Rule 11 of CPC.

(2.) Respondent No.1 being a plaintiff has filed a civil suit for declaration, permanent injunction, partition, possession, and cost of the suit, etc. against petitioners and respondent Nos.2 to 5. By way of the aforesaid suit, the plaintiff is seeking the partition of agricultural land of various Survey numbers and areas mentioned in paragraph No.3 of the plaint. In paragraph No.12 of the plaint, the plaintiff valued the suit Rs.10,000.00 for the relief of declaration, Rs.10,000.00 for the relief of permanent injunction and Rs.2,160.00 (Lagaan Rs.108.00 X 20) for partition and possession, in total valued the suit Rs.22,160.00 and paid the court fees of Rs.840.00.

(3.) The petitioners appeared before the Civil Court and filed an application under Order VII Rule 11 of CPC seeking rejection of the plaint on the grounds of non-payment of improper valuation as well as non-payment of ad-valorem court fees on the basis of the market value of the suit land. The application was opposed by the plaintiff and vide order dtd. 4/5/2022, the learned Civil Judge, Senior Division dismissed the application. Hence, this present petition before this Court.