JUGAL KISHORE Vs. BANKAT LAL & ORS.

JUDGEMENT

(1.) Since all these matters raise identical questions of law and facts, I propose to dispose them of together by this order.

(2.) Facts. S.B. Civil Revision Petition No. 611/95 relates to Civil Suit No. 79/93 Bankat Lal Jugal Kishore pending in the Court of learned Munsif and Judicial Magistrate. Deedwana whereas 713/95 is with regard to Civil Suit No. 74/83 also pending in the Court of learned Munsif and Judicial Magistrate, Deedwana and 712/95 relates to Misc Case No. 24/93 also pending in the above Court. In Revision Petition No. 611/95 the leamedtrial Court by its order dated 18.9.1993 disposed of two applications filed by the defendant purporting to be under section 26 of the Rajasthan Court Fees and Suits Valuation Act r /w Sec. 151 Code of Civil Procedure (for short the Act). The defendant alleged that the Then market value of the property in dispute was not less than Rs. 3 lacs. The plaintiff c. i 'it to have paid Court fees accordingly and it is so held, the suit will be outside the jurisdiction of the trial Court. The learned Munsif heard both the parties and held that the valuation of the suit property was appx. Rs. 20,000.00 and the plaintiff ought to have paid Court fees according to the provisions . 26-A of the of Section.

(3.) In Revision Petition No. 713 / 95 the plaintiff filed a suit for permanent injunction against the defendant and the defendant resisted the suit on several grounds. In the relief para the plaintiff made the following prayer :