GHEWAR CHAND BAID Vs. SUSHILA DEVI TAPADIA

JUDGEMENT

(1.) The petitioners have preferred these writ petitions claiming following relief:-

(2.) The respondent-plaintiff filed a civil suit for eviction and recovery before the trial court for the plaintiff's property situated at Katla chowk Nokha Tahsil Nokha district Bikaner. The petitioner defendant on the notice being served appeared and controverted the facts. The petitioner defendant filed a application on 8/9/2018 under Sec. 15 Read with Order 7 Rule 10 of the CPC on the ground that the respondent plaintiff had made excess valuation of the suit to make it come under the jurisdiction of Addl. District Judge concern. The only ground of the petitioner for opposing such excess valuation was that he shall loose a chance of appeal. Learned counsel for the petitioner further submits that the excess valuation made by the petitioner as apparent in paragraph 10 and 11 of the suit which reads as under:-

(3.) Learned counsel for the petitioner also submits that the valuation: ought to have been done only as per the rent in question and the valuation done for the permanent injunction to the tune of Rs.4,66,100.00 was excess valuation.