GOKUL Vs. DURGALAL

JUDGEMENT

(1.) This revision petition is directed against an order dt. 16-11-1994 in civil suit No. 151/92 deciding a preliminary issue relating to valuation of suit against the defendants.

(2.) Plaintiffs Durgalal and Kailash instituted a suit for cancellation of a decree passed by the Additional City Magistrate No. 2 Tonk in a case No. 554/77, on the assertions that the land in dispute was in khatedari of plaintiffs (respondents Nos. 1 and 2) and Devilal, defendant No. 6 who had filed a suit before the ACM No. 2 Tonk against defendants Nos. 1 to 5 (present petitioners). It was the case on behalf of the plaintiffs that though the defendant No. 6 filed suit before the ACM in the name of plaintiffs but the plaint was not singed by the present plaintiffs; and since defendant No. 6 Devilal entered into a compromise on 16-7-83 before the ACM who was requested to decide the suit on the basis of compromise and on which, suit No. 554/97 was decreed on 25-7-83 by the ACM Tonk in the terms of the compromise against which the present suit was filed for cancellation of that compromise decree by respondents Nos. 1 and 2 (plaintiffs) and in counter the defendants Nos. 1 to 4 (petitioners) filed their written statements raising a plea as to the insufficiency of court-fees and devaluation of the suit because as per the defendants the suit land was having market value of Rs. 1,50,000.00, but the court-fee was lesser paid thereby the trial Court has no jurisdiction to hear the suit.

(3.) On the basis of the pleadings of the parties the trial Court framed the issues and a preliminary issue was framed as to whether the valuation of the suit land is of Rs. 1,50,000.00 the suit is devalued by paying lesser court-fees and whether the court is competent to hear the suit? To decide this preliminary issue plaintiff examined Kailash and the defendant examined Ram Deva. After hearing both the parties, the learned trial Court decided this preliminary issue against defendants Nos. 1 to 4 (petitioners) by the impugned order. Hence, this revision petition.