ANIL TRIPATHI Vs. SMT. URMILA TRIPATHI & ANR.

JUDGEMENT

(1.) Shri Kamal Jain, learned counsel for the petitioner. None for the respondents even though served. This revision under Sec. 115 Civil Procedure Code arises out of order dated 15/03/2010 passed by the II Additional District Judge, Gwalior, whereby the application under Order 7, Rule 11 Civil Procedure Code has been rejected.

(2.) Facts necessary for disposal of this revision are that the plaintiff/respondent has filed a suit for declaration of the Partition Deed as null and void and for permanent injunction. Accordingly, to the petitioner/defendant suit was arbitrarily valued by the plaintiff for Rs.4,00,000.00 as mentioned in the partition deed and had affixed Rs.2000.00 fixed Court fee for declaration and Rs.100.00 Court fee for permanent injunction. As such, ad veloram Court fee under Sec. 7 (iv) (c) of the Court Fee Act, 1878 (herein after referred to as "Act") was required to be paid in view of the fact that the partition deed dated 30/11/2000 has been registered with the Sub-Registrar office and the same is an admitted position.

(3.) In response to the aforesaid objection, the respondent/plaintiff submitted that the application under Order 7, Rule 11 Civil Procedure Code lacks bona fides and has been belatedly filed. He has properly valued the suit and has affixed appropriate Court fee and the Court has not directed regarding payment of Court fees and as such application under Order 7, Rule 11 Civil Procedure Code is not maintainable. The suit has been properly valued and the Court had pecuniary jurisdiction to entertain the suit.