PANNA LAL Vs. MOHAN LAL

JUDGEMENT

(1.) The submission of the learned counsel for the petitioner is that the objection about under-valuation of the suit could have been raised by means of an application and the learned trial Court was not justified in directing the defendant to take the objection about undervaluation of the suit in the written-statement. Learned counsel relied upon the decision of Jagat Narain, J., as he then was, in Moti Lal v. Jagdish Prasad Sharma, 1969 Raj LW 184 in support of his submission.

(2.) Section 11, of the Rajasthan Court-fees and Suits Valuation Act, which is relevant for the present purpose, runs as under :-

(3.) In Motilal's case 1969 Raj LW 184, the learned Judge made the following observations while interpreting the provisions of Section 11 :-