PARASMAL S/O LATE SHRI UMEDMAL SA SURANA BY CASTE JAIN AGED ABOUT 53 YEARS, RESIDENT OF 202 Vs. PRAKASHMAN S/O LATE SHRI UMEDMAL SA SURANA BY CASTE JAIN, AGED ABOUT 55 YEARS, RESIDENT OF 1

JUDGEMENT

(1.) This petition is directed against order dated 22.7.14 passed by the Additional District Judge No.3, Jodhpur Metropolitan City, whereby an application preferred by the petitioner under Order 7, Rule 11 CPC, seeking rejection of the plaint, stands dismissed.

(2.) The respondent-plaintiff filed a suit for partition and permanent injunction inter alia against the petitioner. The suit is being contested by the petitioner by filing a written statement thereto.

(3.) During the pendency of the petition, the petitioner preferred an application seeking rejection of the plaint stating that the plaint does not contain specific averments regarding accrual of the cause of action. That apart, it was contended that the value of the suit property is disclosed to be more than Rs.2 crores and since the plaintiff is not in possession of the property, ad valorem court fee is required to be paid on the value of the suit property whereas, the plaintiff has paid the court fees only Rs.200.00 and therefore, the plaint being insufficiently stamped, deserves to be rejected.