VIJAY LAKSHMI Vs. MADHAV SINGH MEHADU

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 31/5/2024 passed by the Additional District Judge, Sojat, District Pali in Civil Original Suit No.12/2024 whereby the application under Order 7 Rule 11 read with Sec. 151, CPC as preferred by the defendant respondent No.1 Madhav Singh has although been rejected but vide the order impugned, the petitioners plaintiffs have been directed to revalue the suit on the complete consideration amount of Rs.5,47,84,625.00 and pay the deficit Court fee in terms of the said valuation.

(2.) The present petition has been preferred by the petitioners plaintiffs aggrieved of the above observation and direction only.

(3.) Learned counsel for the petitioners submitted that as is evident on record, the relief as prayed for in the suit in question was only for the specific performance of the second agreement dtd. 22/3/2021 executed for the purpose of reiteration of the conditions of the original agreement dtd. 4/7/2019 and the reliefs as prayed for in the suit pertained only qua the remaining consideration amount of Rs.23.00 lakhs and hence, the suit was properly revalued on the said consideration amount of Rs.23.00 lakhs. Counsel submitted that the finding as recorded by the learned Trial Court to the effect that the suit ought to have been valued for the complete consideration amount on basis of the first agreement dtd. 4/7/2019, is totally erroneous and contrary to law.