PUNJAB WAKF BOARD Vs. DILLA RAM

JUDGEMENT

(1.) The Punjab Wakf Board, appellant, filed a suit in the Court of Sub-Judge 1st Class, Bhatinda, for a declaration that the decree in Civil Suit No. 11 of 19th February, 1973 passed on 2nd March, 1973, by Shri S.N. Aggarwal, Sub-Judge 3rd Class, Bhatinda, is illegal and was obtained by collusion, conspiracy and fraud and the same is, therefore, absolutely illegal, void and not binding on it, with the consequential relief of possession of the property described in the head-note of the plaint. Paragraph 37 of the plaint relates to the valuation of the suit for the purposes of Court-fee and jurisdiction and deserves to be reproduced here :-

(2.) On the next, date, i.e., 10th March, 1975, the order passed by the learned Sub-Judge in Punjabi, when rendered into English, is to the following effect :-

(3.) I have heard the learned counsel for the parties at some length. I am of the view that the learned trial Court did not deal with the matter in accordance with law. When in its averments in paragraph 37 of the plaint, the appellant had explained how the valuation for purposes of Court-fee and jurisdiction had been worked out and why a Court-fee of Rs. 15/- only had been paid with regard to the relief sought for possession of the suit property, it was necessary for the trial Court to have adjudicated upon the question whether or not the valuation of the suit for purposes of Court-fee was proper. It could not abruptly hold that the Court-fee paid was deficient and proceed to reject the plaint under Order VII, Rule 11 of the Code.