Dismissed

Smt. Rajrani W/O Sh. Bhupendra Singh, v. Shri Ajit Singh, S/O Sh. Onad Singh

Rajasthan HC15 Feb 2024CR/98/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan dismissed a civil revision petition challenging the dismissal of an application for summary disposal under Order 7 Rule 11 CPC. The Court held that the trial court cannot question the plaintiff's claimed valuation of the property and, absent specific averments proving lack of cause of action or limitation, the application was rightly dismissed.

What did the court decide?

The revision petition was dismissed; the trial court was directed to expedite the trial.

Smt. Rajrani W/O Sh. Bhupendra Singh, Vs Shri Ajit… — Specific Performance | Rajasthan HC (2024)

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[2024:RJ-JP:8860]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 98/2023

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Smt. Rajrani W/o Sh. Bhupendra Singh, Aged About 58 Years, R/o-34, Alkapuri-A, Murlipura, Jaipur.

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Dr. Bhupendra Singh Yadav S/o Late Sh. Sher Singh Yadav, R/o 34-Alkapuri-A, Murlipura, Jaipur.

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----Petitioners

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Versus

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Shri Ajit Singh, S/o Sh. Onad Singh, Aged About 62 Years, R/o Soldier Farm, Daulatpura Tehsil-Khandar District Sawaimadhopur.

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Shri Raghuveer Singh S/o Shonad Singh Rajput, Aged About 60 Years, R/o Soldier Farm, Daulatpura TehsilKhandar District Sawaimadhopur.

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Vimla Kanwar, W/o Raghuveer Singh, Aged About 50 Years, R/o Soldier Farm, Daulatpura Tehsil-Khandar, District Sawaimadhopur.

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Neelam Kanwar, W/o Ajit Singh, Aged About 60 Years, R/o Daulatpura Tehsil-Soldier Farm, Khandar District Sawaimadhopur.

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Renu Kanwar W/o Sh. Bhojraj Singh, R/o Soldier Farm, Daulatpura Tehsil Khandar District Sawaimadhopur.

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Santosh Kanwar, W/o Anirudh Singh, Aged About 32 Years, R/o Soldier Farm, Daulatpura Tehsil-Khandar District Sawaimadhopur.

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Smt. Anita W/o Sajjan Singh, Aged About 50 Years, R/o Village Sultana Tehsil Buhana District Jhunjhunu.

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Tehsildar, Mahoday, Khandar.

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State Of Rajasthan, Through Collector, Sawaimadhopur.

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Sanjay Singh S/o Late Sh. Sumer Singh S/o Ram Singh, R/o Village Shimla, Tehsil Khetri, District Jhunjhunu.

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Deepa D/o Late Sh. Sumer Singh S/o Ram Singh, R/o Village Shimla, Tehsil Khetri, District-Jhunjhunu.

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Renu D/o Late Sh. Sumer Singh S/o Ram Singh, R/o Village Shimla, Tehsil Khetri, District-Jhunjhunu.

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Sawai Singh S/o Late Sh. Ram Singh, R/o Village Shimla, Tehsil Khetri, District-Jhunjhunu.

(2 of 4)

[2024:RJ-JP:8860]

[CR-98/2023]

Rai Singh S/o Late Sh. Ram Singh, R/o Village Shimla, Tehsil Khetri, District -Jhunjhunu.

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Public Works Department, Through Superintending Engineer, Public Works Department Sawaimadhopur.

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----Respondents

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For Petitioner(s) : Mr. Siya Ram Sharma For Respondent(s) : Mr. Nitin Sinsinwar

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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15/02/2024

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Instant revision petition is preferred aggrieved from order dated 28.02.2023 in civil suit No. 08/2018 passed by learned Additional District Judge, Sawaimadhopur, whereby application under Order 7 Rule 11 CPC was dismissed by the trial court.

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Learned counsel for petitioner submitted that the suit for cancellation of sale deed was filed by the plaintiff without any proper valuation and beyond the period of limitation. He also submitted that no specific cause of action was disclosed therefore the suit is liable to be dismissed under Order 7 Rule 11 CPC.

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Aforesaid contentions were opposed by learned counsel for respondent on the ground that learned trial court has considered the objections raised by the defendant and ruled that specific issues can be framed and same can be adjudicated. He specifically relied upon judgment of a Co-ordinate Bench of Madhya Pradesh High Court in case of Smt. Reeta Sharma and Ors. Versus Satyasheel Sharma and Ors. (Civil Revision No. 77/2016 order dated 02.12.2016) .

[2024:RJ-JP:8860]

[CR-98/2023]

(3 of 4)

Heard learned counsel for the parties and perused the material available on record along with judgment as cited by learned counsel for respondent.

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Application under Section 21 (2) read with Order 7 Rule 11 (d) CPC was filed by defendant Nos. 1 and 10 on the ground that a plaintiff has filed court fee on the basis of valuation of Rs. 5,21,000/- whereas the market value of the suit property was only Rs. 3,35,000/- thus the plaintiff just to invoke jurisdiction of Additional District Judge has exaggerated the value of the suit property.

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We have considered aforesaid submissions on the basis of claim made by defendant. The jurisdiction of the courts are divided on the basis of valuation of the subject matter and if the value of the subject matter is up to Rs.5,00,000/- then the Court of Senior Civil Judge has jurisdiction to hear the case but when the valuation is more than Rs. 5 lacs then the Court of Additional District Judge has the jurisdiction to hear the cases. Herein the valuation is based on the claim of plaintiff and same cannot be questioned at this stage, particularly under any of the provision under Rule 11 of Order 7 of CPC.

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It is settled proposition of law that while deciding any application under Order 7 Rule 11 CPC the court can look into the averments made in the plaint and also on the documents annexed with the plaint but it cannot travel beyond that. Herein the petitioner has failed to point out that the plaint did not disclosed any cause of action or same is barred by any law. Thus, the trial court has rightly dismissed the application under Order 7 Rule 11 CPC.

(4 of 4)

[2024:RJ-JP:8860]

[CR-98/2023]

The revision petition is devoid of merits and liable to be dismissed hence the petition is dismissed but learned trial court is directed to expedite the trial.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /42

Smt. Rajrani W/O Sh. Bhupendra Singh, v. Shri Ajit Singh, S/O Sh. Onad Singh

Case brief

What is this about?

What did the court decide?

Smt. Rajrani W/O Sh. Bhupendra Singh, v. Shri Ajit Singh, S/O Sh. Onad Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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