HARI PRASAD S/O RUGHNATH Vs. SURESH KUMAR

JUDGEMENT

(1.) This revision petition under Section 115 CPC has been filed by the petitioners-defendants (hereinafter referred to as "the defendants") against the order dated 03.09.2019 passed by Senior Civil Judge No.1, Srimadhopur, District Sikar (hereinafter referred to as the "Trial Court") whereby the "Trial Court" dismissed the application filed by the defendants under Order 7 Rule 11 CPC.

(2.) Brief facts giving rise to this revision petition are that the respondent No.1-plaintiff (hereinafter referred to as "the plaintiff") filed a civil suit for declaration and permanent injunction against the defendants on the ground that he is in ownership and possession of the suit property Guwadi situated in ward No.6 Bhuda Ka Bas, Khandela, Tehsil Khandela, District Sikar. The said property is said to be joint family property of plaintiff's father and defendant No.1. It was also stated that the plaintiff's father Jeevanram and defendant No.1 Hari Prasad are real brothers. It was also stated that in the said Guwadi two houses were constructed and the plaintiff and defendant No.1 were using the same from the time of their forefathers, according to their equal shares. The defendant No.1 sold his share as well as the share of plaintiff to defendant No.2. Defendant no.1 is trying to get patta of the same in collusion with the defendants no. 3 to 5.

(3.) During the pendency of the suit, an application under Order 7 Rule 11 was filed by defendant no.1 for rejection of the plaint on the ground that the total area of the disputed land is 450 sq. meters and the DLC rate of the same is Rs.2588/- per sq. meter. In this view of the matter, valuation of half of the suit property is more than Rs.52,00,000/- which is beyond the pecuniary jurisdiction of the Trial Court and thus the Trial Court has no jurisdiction to try the suit.