SURAJ DEVI Vs. SITA BAI (SMT.) & ORS

JUDGEMENT

(1.) This Writ Petition is directed against the Orders dated 2.2013 and 20.3.2013 passed by the Trial Court, whereby the Trial Court has dismissed the application filed by the Defendants No. 1 and 2 by its Order dated 2.2013 and following the said order has dismissed the application filed by the petitioner also on 20.3.2013, whereby both the Defendants No. 1 and 2 and petitioner had filed application under Order 7, Rule 11 r/w Sections 10, 11 and of the Rajasthan Court-Fees and Suits Valuation Act, 1961 ('the Act').

(2.) The plaintiff filed a suit for pre-emption inter-alia indicating that though value of consideration shown in the sale deed was Rs.14,50,000.00, valuation of the property was Rs.5,50,000.00 and accordingly valued the suit at Rs.5,50,000.00.

(3.) Applications were filed by the petitioner and Defendants No. 1 and 2 inter-alia indicating that the petitioner has not valued the suit property and therefore, the same was liable to be dismissed under Order 7, Rule 11 C.P.C. The Trial inn without referring to any of the provisions under the Act came to the inclusion that prima facie it does not appear that the plaintiff has valued his [it at his whims and therefore, the petitioner was not entitled for an order for correction in valuation and payment of Court fees.