ARUNA KUMAR ACHARYA Vs. NAGENDRA KUMARI DWIBEDY

JUDGEMENT

(1.) IN this application under Article 227 of the Constitution of India, challenge has been made to the order dated 24.9.2008 passed by the learned Addl.Civil Judge, (Junior Division), Pallahara in Title Suit No.1 of 2001. The Court below while considering the application filed under Order 11, Rule 17 of the Civil Procedure Code for discovery of documents filed in the suit to assess the valuation of the suit land and to determine the pecuniary jurisdiction of the Court, came to a conclusion that the suit has not been properly valued by the plaintiff. Accordingly, he directed the plaintiff to take back the plaint to present it before the learned Civil Judge (Senior Division) on the finding that the valuation of the entire suit land is Rs.6 lakhs or more than Rs.6 lakhs.

(2.) THE brief facts leading to present this writ petition are as follows : The petitioner as plaintiff filed Title Suit No.1 of 2001 before the Addl.Civil Judge, (Junior Division), Pallahara for declaration of right, title and interest in respect of 'B Schedule property along with consequential relief. After receiving notice, opposite parties -defendants entered appearance and filed their written statement traversing the plaint assertions. Considering the pleadings of the parties, the trial Court framed issues and eight witnesses were examined from the side of the plaintiff and four witnesses were examined by the defendants. Both the parties also exhibited their documents.

(3.) WHILE the matter stood thus, again defendant No.1 filed an application under Order 11, Rule 12 of the Civil Procedure Code for a direction to the plaintiff to answer the inventory by way of affidavit. The plaintiff filed his objection to the said application expecting that the suit is to be heard finally. However, the learned Addl. Civil Judge, (Junior Division) by order dated 24.9.2008 while considering the said application observed regarding valuation of the suit and directed the plaintiff to take back the plaint keeping in view the provision of Order 7, Rules 10 and 11 of the Civil Procedure Code. Hence this writ petition.