RAMAN GULATI Vs. DEVPRAKASH GULATI AND ANR

JUDGEMENT

(1.) The petitioner-defendant is aggrieved by the order dated 13.2.2014 passed by the Civil Judge (Jr. Div.) & Judicial Magistrate No.1, Alwar whereby the learned Magistrate has dismissed the application filed by the petitioner under Order 7, Rule 11 CPC.

(2.) The brief facts of the case are that the respondent-plaintiff, Devprakash Gulati, filed a civil suit for possession of the property in dispute which includes a shop and godown situated at Village Bahadurpur, against the petitioner-defendant, Raman Gulati, and other defendants. During pendency of the suit, the petitioner filed an application under Order 7 Rule 11 CPC to the effect that the plaintiff did not mention the true value of the suit property. Therefore, the suit filed by him should be dismissed on account of deficit in court fee. However, by order dated 13.2.2014, the learned trial court dismissed the application. Hence, this petition before this court.

(3.) Mr. Shailendra Singh, the learned counsel for the petitioner, has vehemently contended that it was the duty of the respondent-plaintiff to reveal true value of the property in dispute, specially after the plaintiff has been directed to do so by order dated 7.10.2013. However, despite the said order, he has not revealed true value of the suit property as he has claimed that the property is wroth only Rs.2000/-, whereas the petitioner has claimed that the property is worth at least Rs.50 Lacs.