Rajasthan High Court - Jaipur
Teekamchand Bakliwal Son Of Late Shri ... vs Smt. Meera Wife Of Naresh, Daughter Of ... on 17 November, 2022
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Revision Petition No. 174/2022
Teekamchand Bakliwal Son Of Late Shri Jagdish Prasad Bakliwal,
Aged About 61 Years, Resident Of House No. 447/09, Opposite
Bhojanshala, Agra Gate Ajmer (Rajasthan).
----Petitioner
Versus
1. Smt. Meera Wife Of Naresh, Daughter Of Late Shri
Nauratanmal Sahu, Resident Of 805, Basant Vihar Colony,
Dholabhata, Ajmer (Rajasthan).
2. Smt. Kaushalya Wife Of Satyanarayan Daughter Of Late
Shri Nauratanmal Sahu, Resident Of Gali No. 2, Moti Vihar
Colony, Ramnagar, Ajmer (Rajasthan).
3. Smt. Leela Wife Of Late Prahlad, Daughter-In-Law Of Late
Shri Nauratanmal Sahu, Resident Of Moti Vihar Colony,
Ramnagar, Ajmer (Rajasthan).
4. Mamta Daughter Of Late Prahalad, Grand Daughter Of
Late Nauratanmal Sahu, Resident Of Moti Vihar Colony,
Ramnagar, Ajmer (Rajasthan).
5. Urvashi Daughter Of Late Prahalad Grand Daughter Of
Late Nauratanmal Sahu, Resident Of Moti Vihar Colony,
Ramnagar, Ajmer (Rajasthan).
6. Mohit Son Of Late Prahalad Grand Son Of Late
Nauratanmal Sahu, Minor Through Mother And Natural
Guardian Smt. Leela Devi, Resident Of Moti Vihar Colony,
Ramnagar, Ajmer (Rajasthan).
7. Smt. Shantidevi Wife Of Late Nauratmal, Resident Of
House No. 3/45, Moti Vihar Colony, Narsingpura,
Ramnagar, Ajmer (Rajasthan).
8. Shri Bhagwandas Son Of Late Nauratanmal Sahu,
Resident Of House No. 3/45, Moti Vihar Colony,
Narsingpura, Ramnagar, Ajmer (Rajasthan).
9. Shri Maheshchand Pancholi S/o Bhagwandas, Resident Of
House No. 3/45, Moti Vihar Colony, Narsingpura,
Ramnagar, Ajmer (Rajasthan).
10. Smt. Niharika Wife Of Shri Maheshchand Pancholi,
Resident Of House No. 3/45, Moti Vihar Colony,
Narsingpura, Ramnagar, Ajmer (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) :
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HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/11/2022
1. Petitioner-defendant No.4 has preferred the instant revision petition under Section 115 of the Code of Civil Procedure, assailing the Order dated 27.05.2022 passed in Civil Suit No.27/2022 (36/2022) by the Court of Additional District & Sessions Judge No.3, Ajmer, whereby and whereunder his application under Order 7 Rule 11 CPC has been dismissed.
2. Counsel for petitioner has argued that impugned order is erroneous and suffers from material illegality to the extent of rejecting the objection of petitioner in respect of improper valuation of the civil suit particularly in respect of seeking declaration of gift deed dated 08.12.2015, subsequent sale deed dated 05.07.2017 and the judgment and decree dated 06.11.2019 passed by the Rent Tribunal, Ajmer.
3. Heard. Considered.
4. Perusal of the plaint filed by respondents-plaintiffs goes to show that plaintiffs have claimed the suit property as ancestral and claimed their share in the suit property. By way of ancillary relief, plaintiffs have sought declaration of the gift deed, sale deed and the decree of rent tribunal as null and void and not binding on plaintiffs.
5. As far as valuation in respect of principle prayer of plaintiffs in the present suit, which is for the partition, the same has been made and as Per Section 35(2) of the Rajasthan Court Fees and Suits Valuation Act, 1961, there is no dispute about that valuation. In the plaint, plaintiffs have determined the valuation in respect of the relief of declaration, as Rs.400/- and paid the court fees. (Downloaded on 25/12/2022 at 01:58:22 PM)
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6. Learned trial court has observed that valuation of plaint is proper & call for no interference on application under Order 7 Rule 11 CPC. Whether valuing of the relief of declaration in respect of all three documents i.e. gift deed, sale deed and decree of rent tribunal, which is obviously ancillary in nature, can be permitted at once or should be made separately, the petitioner-defendant is at liberty to raise his objection in the written statement.
If such an objection is raised, it is expected that the trial court shall frame issue and after recording evidence shall decide the same at the time of deciding the suit finally.
7. Accordingly, without any interference in the impugned order dated 27.05.2022, the revision petition is disposed of with aforesaid observations.
8. All pending application(s), if any, also stand(s) disposed of.
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