SHYAM SUNDAR RASAILY Vs. MADAN MOHAN RASAILY

JUDGEMENT

(1.) This is a Revision Petition against the Order dated 30th Nov. 1993 of learned Civil Judge, North at Gangtok holding that the reliefs claimed by the plaintiff are grossly undervalued and require the plaintiff to correct the valuation within thirty days failing which the plaint shall be rejected under Order 7, Rule 11 (b) of the C.P.C.

(2.) The Plaintiff petitioner filed a civil suit in the trial Court for declaration and partition claiming the following reliefs:-

(3.) After service, defendants /non-petitioners instead of filing a written statement, filed preliminary objection on the point of jurisdiction and valuation. His contention was that the value of the suit property as claimed by the plaintiff comes to Rupees 24,00000/- whereas the petitioner has grossly undervalued the suit. In the plaint in paragraph 16, it has been stated as under:-