SMT. MADHRUI SINGH Vs. VISHWAJEET SINGH & ORS

JUDGEMENT

(1.) This petition is directed against the order dated 7.1.16 passed by the Additional District Judge No.3, Bikaner in Civil Suit No.39/12 (383/12), whereby an application preferred by the petitioner under Order VII Rule 11 CPC seeking rejection of the plaint, stands dismissed.

(2.) The relevant facts are that the respondent -plaintiff has filed a suit for partition of ancestral property, which is being contested by the petitioner -defendant by filing a written statement thereto. During the pendency of the suit, the petitioner -defendant filed an application seeking rejection of the plaint stating that the plaintiff was never in possession of the disputed property and as a matter of fact, the property has already been sold by the defendant no.1 -Madhuri Singh (the petitioner herein) and others to Virendra Singh s/o Harpreet Singh and others by way of registered sale deed dated 24.5.04 and in respect thereof, a suit preferred by Vikram Singh for cancellation of sale deed is pending before Additional District Judge No.1, Bikaner. It was averred that the value of the disputed property is more than 3 crores, however, the plaintiff has valued the same at Rs.10,000/ -. The petitioner -defendant contended that the plaintiff being not in possession of the disputed property, the court fee is payable on the market value of the property and further that since the valuation of the suit comes to more than Rs.10,000/ -, the court has no jurisdiction to entertain the suit.

(3.) The application has been rejected by the court below observing that an application preferred on behalf of the petitioner -defendant under Section 11 (2) of the Rajasthan Court Fees and Suits Valuation Act, 1961 (for short "the Act of 1961"), questioning the valuation of the suit already stands disposed of with the observation that the matter with regard to valuation of the suit could be decided only on the basis of the evidence to be led by the parties.