RADHEY SHYAM Vs. BHURE SINGH

JUDGEMENT

(1.) With the consent of parties, the matter is heard finally.

(2.) Facts giving rise to filing of the writ petition, briefly stated, are that the petitioners have filed the suit seeking the relief of preemption. The plaintiffs have valued the reliefs claimed in the suit for the purpose of jurisdiction and paid the court fee 20 times of the land revenue. The respondents raised an objection before the trial Court, by way of an application under Order 7, Rule 11 of the Code of Civil Procedure, that the reliefs claimed in the suit have not been properly valued. Thereupon, the trial Court by impugned order has directed the plaintiffs to value the reliefs claimed in the suit properly and make payment of ad valorem court fee.

(3.) Learned counsel for the petitioners submitted that the impugned order has been passed in contravention of Section 7(vi) of the Court Fees Act as well as Section 3 of the Suits Valuation Act and Rules framed thereunder. Learned counsel for respondents No.2 & 3 has supported the order passed by the trial Court.