ABHAY CHAND Vs. AMOLAK CHAND & ORS

JUDGEMENT

(1.) The petitioner/plaintiff filed a suit for declaration and permanent injunction. The defendants filed an application under Order 7 Rule 11 CPC contending that the suit is not properly valued. The plaintiff is required to pay ad-valorem court fees. The Court below by order dated 26.10.2009 allowed the said application of the defendants. This has given rise to W.P. No. 5870/09. The petitioner in the said W.P. challenged the aforesaid order dated 26.10.2009. This Court on 8.9.2010 (Annexure P-5) decided the said WP and held that the order dated 26.10.2009 to the extent plaintiff was directed to make correct valuation is affirmed and direction regarding payment of ad-valorem court fees is set aside.

(2.) Shri B.Raj Pandey submits that petitioner thereafter filed an application under Order 6 Rule 17 CPC. It was rejected by the Court below on the ground that it does not contain necessary details. He filed yet another application under Order 6 Rule 17 CPC on 15.9.2011 (Annexure P-2) which has been rejected by impugned order dated 17.10.2011. This order is called in question in the present petition filed under Article 227 of the Constitution. Shri B.Raj Pandey contends that a plain reading of plaint averments makes it clear that details of the property were given by the petitioner. The amendment application shows that correct valuation has been disclosed by the petitioner. Hence, court below has erred in disallowing the said amendment application.

(3.) Prayer is opposed by Shri R.P.Rathi, Advocate. He supported the order impugned.