Madhya Pradesh High Court
Iqbal Hasan vs Rahul Tated on 17 December, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
CR-437-2024
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 17th OF DECEMBER, 2024
CIVIL REVISION No. 437 of 2024
IQBAL HASAN AND OTHERS
Versus
RAHUL TATED AND OTHERS
Appearance:
Shri Srajan Kashyap - Advocate for the petitioners.
None for the respondents.
ORDER
This civil revision has been preferred by the petitioners/defendants 1-4 challenging the order dated 20.02.2024 passed by Civil Judge Senior Division, Bhaisdehi, District Betul, in RCSA no.102/23 whereby petitioners' application under Order VII Rule 11 CPC has been dismissed.
2. Learned counsel for the petitioners submits that although the suit is captioned as suit for declaration of title and permanent injunction, but prayer clause of the suit, demonstrates that it is a suit for specific performance of agreement of sale allegedly executed for consideration of Rs.25 lacs. He submits that although the suit has been valued at Rs.25 lacs, but fixed Court fee of Rs.1,000/- has been paid, whereas as per Section 7(x) of the Court Fee Act, in a suit for specific performance, the plaintiff has to pay ad valorem Court fee according to the amount of consideration. He submits that without taking into consideration averments of the plaint as well as the relief clause, Court below has dismissed the application in a cursory manner holding the suit to be a suit 2 CR-437-2024 for declaration of title and permanent injunction. He submits that accordingly impugned order is not sustainable and prays for allowing the civil revision.
3. No one is appearing on behalf of the respondent 1/plaintiff though served.
4. Heard learned counsel for the defendants 1-4/petitioners and perused the record.
5. Although the suit is captioned as suit for declaration of title and permanent injunction, but in paragraphs 5 to 7, the plaintiff has pleaded about agreement of sale dtd. 14.07.2014 allegedly executed for consideration of Rs.25 lacs (Rs. Twenty five lacs) after receiving an amount of Rs.22,65,000/- in advance by the defendant 1-Iqbal Hasan and in the relief clause it is prayed that agreement dated 14.07.2014 be held to be binding on the defendants and the plaintiff is entitled to get executed sale deed in his favour as per sale agreement.
6. As against the aforesaid averments and relief clause of the plaint, trial Court in the last/small paragraph of the impugned order, has observed that the suit is not for specific performance but it is a suit for declaration of title and permanent injunction only, therefore, it cannot be said that the plaintiff has not valued the suit properly and has not paid the requisite Court fee.
7. For the sake of arguments, if the suit is taken to be a suit only for declaration of title and permanent injunction, then it is well settled that on the basis of agreement of sale, suit for specific performance has to be filed and suit simplicitor for declaration of title and permanent injunction is not maintainable.
8. As the trial Court has not even cared to see the plaint averments and relief clause, therefore, in my considered opinion, the impugned order which is otherwise unreasoned and non-speaking deserves to be and 3 CR-437-2024 is hereby set aside with the direction to trial Court to decide the application under Order VII Rule 11 CPC afresh.
9. It is also observed that if the trial Court is not in a position to read/understand the plaint averments, then it can take help of Principal District Judge, Betul.
10. With the aforesaid, this civil revision is allowed and disposed off.
11. Misc. application(s), pending if any, shall stand closed.
(DWARKA DHISH BANSAL) JUDGE pb PRASHANT BAGJILEWALE Digitally signed by PRASHANT BAGJILEWALE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, 2.5.4.20=062bc13272373e2768c883468695ccafcb8f7bf9db7cbd37ad359bc82069bcdf, postalCode=482001, st=Madhya Pradesh, serialNumber=A08AE25ACEFF18C7A0F94698E1BC6A3CCF1DC9654549200EB1BC8E5DDF6349B0, cn=PRASHANT BAGJILEWALE Date: 2024.12.18 10:49:04 +05'30'