LAGNI MUNDAIN Vs. RATAN KUMARI SURANA

JUDGEMENT

(1.) By way of present civil miscellaneous petition, the petitioner prays for quashing of order dtd. 25/7/2024 passed by the learned Civil Judge (Senior Division)-I, Ranchi in MCA No.647 of 2024 arising out of Original Suit No.388 of 2023, whereby and whereunder the application filed by the defendant under Order VII Rule 11(b) of the C.P.C. has been rejected.

(2.) Learned counsel for the petitioner has submitted that the Original Suit No.628 of 2015 (renumbered as O.S. 388 of 2023) was instituted on behalf of the plaintiffs (O.P. Nos.1, 2 and 3 herein) against the defendants including the petitioners in the Court of Civil Judge (Senior Division)-I, Ranchi for the purpose of pecuniary jurisdiction of the Court, the value of the suit was valued at Rs.5.00 lacs.

(3.) On behalf of the petitioners/defendants, an application was given under Order VII Rule 11 (b) of the Civil Procedure Code before the court concerned and same has been rejected by the court concerned on the ground that issue could be decided by the Court by framing the issue whether the suit is undervalued or not. It has been further submitted that the court of learned Civil Judge (Senior Division)-I was not empowered to decide the application itself because the valuation of the suit being up to Rs.5.00 lacs for the same the very application should have been disposed of by the learned Court of Munsif. Learned counsel for the petitioner also relied upon the case law of Hon'ble Apex Court reported in AIR 2008 SC 1315.