PRIYANKA Vs. RAJ DULARI

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 16.11.2015, passed by learned Civil Judge (Junior Division), Panipat, vide which the application filed by the petitioner-defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 has been dismissed.

(2.) Respondent-Plaintiff Raj Dulari has filed the suit for separate possession by way of partition with consequential relief of permanent injunction on the plea that she had purchased the property in dispute vide registered sale deed dated 12.05.2006. The defendant is the daughter of the plaintiff. Her husband has already expired on 02.8.2013. She executed a registered sale deed dated 02.08.2013 to the extent of 1/2 share in favour of the defendant. Since then they are in joint possession of the suit property. Now she has filed the suit for separate possession by way of partition.

(3.) The petitioner-defendant has filed an application alleging therein that the plaintiff-respondent has assessed the court fees for the purpose of jurisdiction and had affixed the stamp of Rs.25/- only but in para No.6 of the written statement filed in another suit titled as Priyanka Vs. Raj Dulari pending in the Court of the Civil Judge (Junior Division), Panipat, the same property has been valued more than Rs.40 lakhs. The party who is seeking partition will have to pay the court fee as per the market value. It was further pleaded that the plaintiff may be directed to complete the necessary court fees, failing which her suit should be dismissed.