In an appeal against an order dismissing an application to correct suit valuation and pay ad-valorem court fees, the court held that valuation is a factual issue for the main trial. It found no ground to interfere as pecuniary jurisdiction was not compromised, citing Supreme Court precedent.
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Patna High Court C.Misc. No.849 of 2016 (2) dt.17-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.849 of 2016
====================================================== Ranvir Chaudhary .... .... Appellant/s Versus Arun Kumar Singh & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dronacharya For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 2 17-10-2016 Heard learned counsel, Mr. Dronacharya, appearing for the petitioner.
Patna High Court C.Misc. No.849 of 2016 (2) dt.17-10-2016
the court below considered this fact and then held that this matter can be decided at the time of hearing of the suit and in fact valuation is found more than Rs. 51,000/- then the plaintiff shall be directed to pay ad-valorem court fee.
5.
Brajesh/U
(Mungeshwar Sahoo, J)
2 issues framed by the court
Whether the valuation of the suit property can be decided at this stage under Order 14 Rule 2 CPC.
Whether the pecuniary jurisdiction of the court under challenge affects the supervisory jurisdiction of the High Court.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Ranvir Chaudhary
Arun Kumar Singh
MUNGESHWAR SAHOO
As recorded by the court registry
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