SANGEETA KATIYAR Vs. SUBHASH KHARAA

JUDGEMENT

(1.) The present revision petition has been filed aggrieved of order dtd. 7/3/2025 passed by Additional Civil Judge No.10, Jodhpur Metropolitan (hereinafter referred to as 'the Trial Court') in Civil Original Case No.182/2016 whereby the application under Order VII Rule 11, CPC as filed by defendant No.8, stood rejected.

(2.) The application under Order VII Rule 11, CPC was filed on three grounds: firstly, the suit was not properly valued and the Court Fee as paid was insufficient; secondly, the suit was barred by limitation; and thirdly, no cause of action accrued to the plaintiffs.

(3.) Counsel for the petitioner submits that vide the suit in question, relief for declaration qua decree of the year 2007 has been prayed for and hence, suit filed in the year 2016 for the said prayer was definitely barred by limitation. So far as the valuation is concerned, counsel submits that the plots in question of which the sale deed has been prayed to be declared null and void, are of valuation of about Rs.1.00 Crore whereas the suit has been valued only for Rs.1.00 Lakh. The Court Fee paid thereupon i.e. Rs.90.00 is clearly insufficient.