RAM CHANDRA & ORS. Vs. MUNICIPAL BOARD, BIKANER

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against the order dated 22.7.2014 passed by the trial court, whereby on an application filed by the respondent-defendant under Order 7, Rule 11 CPC, the petitioners-plaintiffs have been directed to value the suit based on the DLC rates of the State Government and pay the court-fees accordingly.

(2.) The plaintiffs filed a suit for declaration and injunction against the respondent-Municipal Corporation and in the suit claimed the valuation of the property at Rs. 70,000.00 and after valuing the suit as Rs. 1,000.00 for permanent injunction and Rs. 1,000.00 for mandatory injunction, paid court-fees on a valuation of Rs. 72,000.00.

(3.) The suit remained pending before the trial court, wherein no written statement was filed by the Municipal Corporation and ultimately, the opportunity to file the written statement as closed on 1.5.2012; where after, the statement of petitioners' witnesses were completed, wherein counsel for the defendant cross-examined the witnesses on their affidavits.