This court allowed an application under Order VI Rule 17 CPC to enhance suit valuation to Rs. 1.50 lakh despite a six-year delay and a pending rejection petition, directing payment of costs.
The petition for enhancement of suit valuation to Rs.1.50 lakh is allowed; consolidated plaint to be filed within 15 days with payment of Rs.10,000 cost to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 30 of 2023
Sanju Malik @ Jena
…. Petitioner Mr.Silabhadra Sastry, Advocate
-versus-
…. Opp. Parties Mr. Budhadev Routray, Senior Advocate being assisted by Mr. Jagdish Biswal, Advocate [For Opposite Party Nos.5(a) to (c) & 6]
Guna Mallik and others
CORAM:
JUSTICE K.R. MOHAPATRA
Order No.
ORDER 23.02.2023
that he suit has been filed for declaration of right, title and interest. The suit was valued at Rs.30,000/-. But the Defendant Nos.5 and 6 filed their written statement more fully taking plea at para-5 as under:-
“5. That, the valuation of the suit land is too low. The valuation of the suit land is more than one lakh but the plaintiff has intentionally made such low valuation in an ulterior motive. So the plaintiff may kindly be directed to value (sic) the suit property otherwise the suit may kindly be dismissed on this ground only.”
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// 2 //
The said averment in the written statement necessitated the Plaintiff to make application for amendment of the plaint. He also sought for addition of parties in the petition for amendment. Although the petition for amendment to the extent of addition of parties was allowed, but the Court refused to grant the prayer for enhancing the valuation of the suit by way of amendment. Hence, this CMP has been filed.
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// 3 //
Rule 11 CPC, this petition for amendment has been filed. He, therefore, prays for dismissal of the CMP.
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// 4 //
Defendants along with cost of Rs.10,000/- to Defendant Nos.5 and 6 before learned trial Court. In order to avoid any further delay, learned trial Court may exercise power conferred under Order VII Rule 10(A) CPC intimating the parties about presentation of the plaint and date of appearance of the parties in the said Court
8. The CMP is disposed of accordingly.
Issue urgent certified copy of the order on proper
application.
s.s.satapathy
(K.R. Mohapatra)
Judge
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3 issues framed by the court
Whether a plaint valuation can be enhanced via amendment after a long delay when the defendants contested the under-valuation?
Whether an application under Order VII Rule 11 CPC bars an amendment application to enhance suit valuation?
What cost and time frame should be directed for the consolidated plaint after allowing the amendment?
2 provisions across 1 enactments
Sanju Malik @ Jena
Guna Mallik and others
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
