MILDRED D SILVA Vs. NOEL D SILVA

JUDGEMENT

(1.) Petitioner has preferred this Revision Petition aggrieved by order dated 15.11.2017, passed by Additional District and Sessions Judge No.18, Jaipur Metropolitan, Jaipur whereby the application filed by the petitioner under Section 11 of the Rajasthan Court Fees and Suit Valuation Act read with Order 7 Rule 11 of CPC was dismissed.

(2.) It is contended by counsel for the petitioner that the objection was with regard to the Court fees. The property was valued by the plaintiff at Rs.55,000/-, whereas the actual value of the property was 63,00,000/-. The Court below refused to deal with the issues as a preliminary issue and has rejected the application filed by the petitioner.

(3.) It is contended that as per the Section 11 of the Rajasthan Court Fees and Suit Valuation Act, when defendant pleads that the suit is not properly valued or that the fee paid is not sufficient, the questions arising on such pleas shall be heard and decided before the hearing of the suit and if the Court decides that the subject- matter of the suit has not been properly valued or that the fee paid is not sufficient, the Court shall fix a date before which the plaint shall be amended and the deficit fees shall be paid.