RATAN CHANDRA SAHA Vs. SUBHAS CH SAHA; HARIPADA SAHA ALIAS ARUN SAHA; BABUL CH SAHA; DIPAK KR SAHA; MIRA RANI SAHA; REKHA SAHA; RENU SAHA

JUDGEMENT

(1.) This petition under Section 115 CPC read with Article 227 of the Constitution of India is directed against the order dated 15.10.2004 passed by the learned Civil Judge, Jr. Division, Udaipur, South Tripura in T.S No. 08 of 2004 whereby he rejected the application filed by the petitioner (hereinafter referred to as the defendant) under Order VII, Rule 11 praying that the plaint be returned to the plaintiff as not being properly stamped or valued.

(2.) The plaintiff, respondent No.1 herein filed a suit to the fact that the defendant No. 1 (petitioner herein) is his son. According to the plaintiff the son took him to the office of the Sub-Registrar at Udaipur. The plaintiff was told that he had to execute a gift deed and thereafter his son along with defendant No. 2, Nripendra Chandra Debnath who is a deed writer came along with a document and the plaintiff put his signature on the said document. According to the plaintiff he believed that his son would not cheat him and therefore signed this document. The case set up by the plaintiff is that he had executed the gift deed but he wanted to only gift about 0.046 acres of land to the defendant No.1, but actually he later came to know that the land which had been transferred by means of the gift deed was much more than 0.046 acres. The value of the gift deed was Rs.2,00,000/- but while valuing the suit for purposes of Court Fees and jurisdiction the plaintiff gave nominal value and fixed the value of the Suit at Rs.100/- and afixed Court Fee accordingly. The defendant contested the suit and also filed an application that the suit had not been valued properly for the purpose of Court fee and jurisdiction. This application has been rejected by the impugned order. Hence, this petition.

(3.) I have heard Mr. D. C. Roy, learned counsel for the petitioner and Mr. B. Das, learned Sr. counsel assisted by Mr. D. Chakraborty, learned counsel for the respondents.