TEJENDRA SINGH BINDRA Vs. NARENDRA SINGH

JUDGEMENT

(1.) The instant first appeal has been preferred by defendant No.7, feeling aggrieved by rejection of his counter claim vide order dtd. 9/5/2022 under Order 7 Rule 11 CPC because of non payment of Court fee (as required to be paid under Sec. 24(b) of the Rajasthan Court Fees and Suit Valuation Act, 1961), despite directions issued by the trial Court vide order dtd. 7/3/2022 in respect of seeking declaration of ownership for plot No.F-54, Bani Park, Jaipur.

(2.) Heard counsel for appellant and respondent-plaintiff, perused the impugned order and relevant record.

(3.) It appears that respondent No.1-plaintiff has instituted civil suit on 7/8/2010 seeking partition of the property bearing House No.F-54, Bani Park, Jaipur alleging inter alia that suit property was left by late Shri Harnam Singh and Smt. Basant Kaur. It appears that plaintiff claimed his 1/5th share though it has come on record that Harnam Singh was survived by his five sons and one daughter. Plaintiff and defendants No.1, 2 and 3 are four sons, defendant No.4 is daughter of fifth deceased son Rajendra Singh and defendants No.5 and 6 are two daughters of deceased daughter Smt. Jaswant Kaur daughter of Harnam Singh.