DEEPTI GUPTA AND ORS. Vs. KARAM SINGH

JUDGEMENT

(1.) Applicants have sought rejection of the plaint by moving this application under order 7 Rule 11 of CPC on the ground that the same is under valued. It is alleged that though plaintiff in paragraph 13 of the plaint has alleged the value of the suit for the purposes of court fee and jurisdiction at Rs. 70,00,000/- (Seventy lacs only) and affixed a court fee of Rs. 72,560/-, but this valuation is contrary to the pleadings set out in paras 6 and 10 of the plaint, wherein it is specifically averred that the real market value of the suit property is more than Rs. 6,00,00,000/- (Six crores only) and, therefore, the plaintiff is bound to affix the court fee on the market value assessed by the plaintiff at Rs. 6,00,00,000/-.

(2.) In reply to the application non applicant/plaintiff has raised preliminary objection regarding the maintainability of the application on the ground of concealment and concoction of material facts and on merits it is averred that since price mentioned in the sale deed is of Rs. 70,00,000/-, therefore, the plaintiff was only required to affix the court fee on the said amount even though the market value has been averred to be Rs. 6,00,00,000/-. It is further contended that since the suit seeks setting aside of the sale deed in question, therefore, it is the valuation affixed on the instrument i.e. sale deed which would determine the valuation of the suit, which in turn would form the basis of affixing the court fees.

(3.) At the outset, I may observe that deficiency of court fee, even if proved, cannot be a ground for rejecting the plaint unless the person by whom such fee is payable in whole or part, as the case may be, is allowed an opportunity to make good the deficiency. This is so prescribed in Sec. 149 of Code of Civil Procedure, which reads thus :-