ISLAUDEEN Vs. SHANTI LAL SINGHVI AND ORS.

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs:-

(2.) The instant writ petition has been filed by the petitioner assailing validity and correctness of order dated 16.3.2018 (Annex.4) passed by Civil Judge City North, Udaipur whereby the application under Order 7 Rule 11(b) of CPC read with Section 7, 10, 11 and 26(a) of the Rajasthan Court Fees and Valuation Act, 1961 preferred by the respondent no.1/defendant has been accepted and a direction has been issued to the plaintiff to determine appropriate valuation of suit and compute and pay the court-fees within fifteen days from the date of passing of order otherwise the suit shall stand rejected.

(3.) Counsel for the petitioner argued that his prayer of the plaint does amount to averment pertaining to denial of his title to the property in-question. Counsel for the petitioner further averred that Section 27(c) of the Rajasthan Court Fees and Suit Valuation act, 1961 will apply in his present case. Counsel for the petitioner to strengthen his argument cited precedent law of this Court in the matter of Jugal Kishore v. Bankat Lal and Ors., reported in DNJ (Raj.) 1996 page 739 , relevant portion whereof reads as follows :