In a civil revision matter, this court dismissed a plaintiff's petition challenging lower court orders on suit valuation. The court held there was no illegality as the plaintiff failed to disclose his definite share and nature of partition in the plaint.
Petitioner's petition challenging the lower courts' order on suit valuation is dismissed.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 942 of 2022
Petitioner :- Udayraj Singh Respondent :- Hriday Narayan And 20 Others Counsel for Petitioner :- Kamleshwar Singh
Hon'ble Salil Kumar Rai,J.
This is a plaintiff's petition challenging the order dated 28.10.2020 passed by the Civil Judge (Junior Division), City Court No.19, Jaunpur in Civil Suit No.487 of 2017 deciding issue no. 2 which was regarding the valuation of the suit and consequently payment of court fees on the plaint instituting Civil Suit No.487 of 2017.
Through its aforesaid order, the Civil Judge has held that the suit has been under-valued and has directed the plaintiff to amend his plaint valuing the suit at Rs.90,000/and pay court fees accordingly. Civil Revision No.2 of 2021 filed by the petitioner against the order passed by the trial court has been dismissed by the Additional District Judge, Court No.1st, Jaunpur vide its order dated 2.12.2021. The order of the revisional court has also been challenged in the present petition.
A reading of the plaint in Original Suit No.487 of 2017 shows that the plaintiff has not revealed his definite share in the property marked by the letters A, B, C, D, E, F & G and has also not disclosed the nature of the partition as alleged by him.
In the circumstances, there is no illegality in the impugned orders passed by the Courts' below.
The petition is dismissed.
Order Date :- 5.3.2022 IB
Digitally signed by ITU BANERJEE Date: 2022.03.05 15:38:14 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the impugned orders passed by the courts below in the civil revision and by the trial court regarding suit valuation are legally sustainable.
Whether the dismissal of the plaintiff's petition challenging suit valuation by the lower courts constitutes a jurisdictional error.
Whether the plaintiff's failure to disclose definite share and nature of partition in the plaint vitiates the lower courts' orders.
Udayraj Singh
Hriday Narayan
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
