KIRAN DEVI Vs. SHRI NIRMAL JOSHI

JUDGEMENT

(1.) By this revision petition, the defendants No.1 and 2 have challenged the order dated 10.10.2011 passed by the Addl. Distt. Judge No.1, Sikar in Civil Suit No.(236/2010) 97/2010 whereby the application filed by the defendants under Order 7 Rule 11 CPC has been rejected.

(2.) Briefly stated, the facts of the case, are that a civil suit for cancellation of the Will dated 23.12.1998 was filed by the plaintiff-respondent Nirmal Joshi against the defendants No.1 and 2-petitioners and proforma respondents contending therein that the agricultural land mentioned therein is ancestral and the plaintiff is having the pre-existing rights and the defendants have conspired and prepared the Will dated 23.12.1998 to deprive him of his right in the ancestral property.

(3.) The defendants filed an application under Order 7 Rule 11 CPC on the ground that the suit is under-valued as per Sec.24(a) of the Rajasthan Court Fees and Suits Valuation Act, 1961 (in short 'the Act of 1961') as the relief of declaration and cancellation of the Will has been sought, for which court fees has not been paid on the market value of the property and further, the property in dispute is not ancestral but the same is the self-acquired property of Ram Chandra Joshi, out of his own income, therefore, no cause of action has arisen to the plaintiff-respondent.