KRISHNA KUMAR @ KIRISHNA KUMAR PRAJAPATI Vs. RAJESHWAR RAM

JUDGEMENT

(1.) This writ petition has been filed against the order dated 5.1.2009 passed by learned Munsif, Hazaribag in Partition Suit No. 61 of 2003, rejecting the petition, filed by petitioners, challenging the pecuniary jurisdiction under Order 14 Rule 2 of the code of Civil Procedure.

(2.) Counsel for the petitioner submitted that in this partition suit, the plaintiff has also prayed for declaration of sale-deed as void and illegal and thus in fact it is a title suit and therefore, the advalorem court fees is required to be paid on the valuation of such sale deed which is more than Rs. one Lakh.

(3.) It appears that the learned court below has rejected the prayer of the petitioner mainly on the ground that the suit was filed in the year 2003, in which all the issues framed on 1.5.2007, but at that time no such issue or objection was raised by the defendant/petitioner; and that all the issues will be decided together.