IN RE Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against judgment and order dated January 25, 2008 passed by the learned Judge, Third Bench, City Civil Court at Calcutta, in Title Suit No.819 of 1998. By the order impugned, the learned judge directed return of the plaint to the plaintiff for presentation to the proper court. The learned judge, in the order impugned, held that the valuation of the suit property was much more than ten lakh. Therefore, the suit was not entertainable by the City Civil Court at Calcutta. The suit was instituted for declaration of title and for accounts.

(2.) IT was contended in the plaint that the properties described in schedule 'A' were joint family properties of the plaintiff and the defendants as those were acquired out of the income of the joint family properties.

(3.) THE learned judge could not have directed return of plaint inasmuch as it could not be said, on a meaningful, not formal, reading of the plaint that the valuation was palpably absurd or imaginary. The issue as to the valuation could not have been disposed of at the preliminary stage even before the trial has commenced; the question ought to have been decided at the conclusion of the trial along with the other issues arising in the suit.