GEETA OMRE Vs. CHANDRAKANTA RAI & ANOTHER

JUDGEMENT

(1.) This petition has been filed by the petitioner/defendant under Article 227 of the Constitution of India against the order dated 24.4.2017 (Annexure P-9) passed by the Additional District Judge, Bina District Sagar in Civil Suit No.99-A/2014, whereby the application filed by the petitioner/defendant under Order 7 Rule 11 of CPC has been rejected.

(2.) In brief the facts of the case are that the petitioner happens to be the daughter of the respondent No.1, who is also the plaintiff. A civil suit has been filed by the respondent No.1/plaintiff on 10.2.2010 for declaration that the gift deeds dated 13.10.2009 have been got executed from her fraudulently, which are null and void along with the prayer of permanent injunction restraining the defendant No.1 from taking possession of the disputed property or alienating the same. In the civil suit it is mentioned that the documents dated 13.10.2009 were got executed by the defendant No.1 on the pretext that the same are Wills, whereas subsequently it transpired that the aforesaid documents are actually the gift deeds, which were got executed fraudulently by the petitioner/defendant No.1 in her favour.

(3.) In the aforesaid civil suit an application under Order 7 Rule 11 of CPC has been filed by the defendant No.1 for rejection of the plaint on the ground that since the petitioner is a party to the aforesaid document, the value of which is also mentioned on the documents of Rs.4,18,500/- and Rs.17,82,000/- respectively, on which the proper stamp duty has also been paid, and as such total amount comes to Rs.22,00,500/- on which the court fees of Rs.1,31,015/- is also liable to be paid.