CHOTU SINGH Vs. SEEMA KANWAR

JUDGEMENT

(1.) This civil revision petition is directed against the order dtd. 30/9/2021 passed by the learned Civil Judge, Dausa, District Dausa (Rajasthan) (for brevity, "the learned trial Court") in Civil Suit No.10/2019 whereby, an application filed by the petitioner/defendant no.2 (for brevity, "the defendant no.2") under Order 7 Rule 11 CPC has been dismissed.

(2.) The relevant facts in brief are that the respondent no.5/plaintiff (for brevity, "the plaintiff") filed a suit for cancellation of two registered gift deeds dtd. 19/12/2018 and permanent injunction against the defendant no.2 and the respondents no.1 to 4 stating therein that the defendants no.1 to

(3.) fraudulently got executed the aforesaid gift deeds from him of the ancestral property. Therein, the defendant no.2 filed an application under Order 7 Rule 11 CPC raising objection as to under valuation of the suit and payment of deficit Court fee which has been dismissed by the learned trial Court vide order dtd. 30/9/2021, impugned herein. 3. Assailing the order impugned dtd. 30/9/2021, learned counsel for the defendant no.2 submits that since, the suit has been filed for cancellation of the registered gift deeds executed by the plaintiff himself, the Court fee would be payable as per Sec. 38 of the Rajasthan Court Fee and Suit Valuation Act, 1961 (for brevity, "the Act of 1961") and not as per its Sec. 24. He submits that for payment of Court fee under Sec. 38, the plaintiff is required to assess the market value of the subject matter of the suit, i.e., the land and to pay the Court fee ad valorem. He, in support of his submissions, relies upon following judgements: