SURESH CHAND Vs. SHIV VISHAL THORUGH LRS

JUDGEMENT

(1.) This first appeal has been preferred by appellant/plaintiff challenging the order dtd. 12/7/2000 passed by 2nd Additional District Judge, Shahdol, in Civil Suit No.8-A/1989, whereby plaintiff's suit has been dismissed for want of compliance of order dtd. 30/10/1999.

(2.) Short facts of the case are that the plaintiff Suresh Kumar instituted a suit for declaring the sale deed dtd. 24/7/1971 to be null and void and recovery of possession of the suit property as well as for declaring the subsequent sale deeds executed by defendant 1 in favour of defendants 12-18. On basis of consideration mentioned in the sale deed dtd. 24/7/1971 and on basis of twenty times of land revenue, the plaintiff valued the suit for the relief(s) claimed in the plaint and paid requisite court fee as described in paragraph 35 of the plaint.

(3.) Upon filing written statement by defendant(s), trial Court framed issues and proceeded further to record evidence of the parties, but during pendency of suit and incompliance of order dtd. 24/3/1998 passed by this Court in C.R. No.669/1998, trial Court proceeded to decide issue no.11 as preliminary issue and after hearing arguments of the parties, decided the same against the plaintiff, vide order dtd. 30/10/1999 by holding that the plaintiff has not paid requisite court fee on the valuation of Rs.22,000.00 and for other relief(s) and directed the plaintiff to amend the plaint putting valuation on the basis of market value and then to pay court fee thereon, however trial Court did not determine any valuation or court fee payable by the plaintiff.