RAMESHCHAND Vs. MEENA

JUDGEMENT

(1.) Present petition has been preferred by the petitioner being crestfallen by the order dated 13-02-2017 passed by the trial Court whereby application preferred by the petitioner as defendant under Order VII Rule 11 read with Section 151 of CPC and Section 7(10) of the Court Fees Act has been rejected.

(2.) Precisely stated facts of the case are that the respondent/plaintiff filed a suit for specific performance of contract against the present petitioner in which relying upon the agreement executed between the parties dated 04-11-2008, valuation was made by the petitioner/plaintiff as Rs.1,25,000/- on which court fee of Rs.15,000/- was paid. After notice, petitioner appeared and filed written statement in the case and also filed an application under Order VII Rule 11 read with Section 115 of CPC. In the written statement, petitioner pleaded that agreement was made for purchase of the land by the respondent by paying a sum of Rs.14 lacs, therefore, demanded appropriate court fee. Petitioner filed an application under Order VII Rule 11 CPC read with Section 151 of CPC and Section 7(10) of the Court Fees Act and contended that the case of plaintiff has been referred to the Collector of Stamps who has valued the suit property to the tune of Rs.10,35,500/-, therefore, plaintiff be directed to pay court fee in accordance with valuation made by the Collector of Stamps because it is correct valuation of the property and therefore, plaintiff cannot avoid payment of additional court fee on the basis of revised valuation.

(3.) Trial Court after considering rival submission, passed the impugned order in which the objections raised by the petitioner have been overruled.