PRAFULLA CHANDRA DAS Vs. ANEM BHENGRA @ MUNDA

JUDGEMENT

(1.) THE matter is taken up for disposal at the stage of admission.

(2.) THIS is a revision application under Section 115 of the Code of Civil Procedure, 1908, hereinafter referred as 'the Code, for brevity, wherein the defendant Nos.1 and 2 have called in question, the legality of the order passed by the learned Civil Judge (Jr.Divn.), Rourkela in Civil Suit No.29 of 2007 refusing the prayer of the defendants to reject the plaint under Order 7 Rule 11 of the Code on the ground of gross under valuation of the suit.

(3.) THE learned counsel for the petitioners assailed the orders of the learned lower Court mainly on the ground that the plaintiff has filed the xerox copy of the Registered Sale deed as a document relied on by him. It is submitted that a bare perusal of the sale deed indicates that the suit property has been valued at Rs.8,80,000/ -. The said valuation is the Govt. valuation upon which the document has been registered. Assailing the findings of the learned lower Court, the learned counsel for the petitioner has submitted that the trial Court failed to exercise the jurisdiction vested upon him by the Statute and has passed the impugned order. It is further submitted that if the application of the defendants is allowed, it will finally dispose of the suit before the learned lower Court. The learned counsel for the petitioners submitted that the suit should be valued as per the provisions of Section 7(iv) (c) of the Court Fees Act, 1870. It is also submitted that though the plaintiff is at liberty to value his suit, there should be nexus between the valuation of the relief and the market value of the property in question.