SANTOSH KUMAR CHOPRA Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order dated 17/10/2011 passed by III Civil Judge class-II, Neemuch in civil suit No.134-A/11 whereby the application filed by the petitioners under Order VII Rule 11 CPC with a prayer that suit be dismissed, was dismissed, the present petition has been filed.

(2.) Short facts of the case are that respondent No.2 filed a suit against the petitioners on 16/8/2011 wherein it was prayed that gift deed dated 26/12/09 alleged to have been executed by respondent No.2 in favour of petitioner No.1 be declared as void.

(3.) In the suit it was alleged that by the said gift deed, the agricultural land has been given by respondent No.2 to the petitioner No.1. It was alleged that respondent No.2 has never executed the gift deed. It was alleged that gift deed does not bear the thumb impression of respondent No.2. In the suit it was alleged that suit is valued as Rs.1500/- for the purpose of declaration and Rs.500/- for the purpose of injunction and fix court fee of Rs.600/- was paid. After the notice, at the initial stage an application was filed by the petitioners under Order VII Rule 11 CPC wherein it was alleged that since gift deed is of a sum of Rs.8 Lacs, therefore valuation made by respondent No.2 is not in accordance with the provisions of Suits Valuation Act. It was also alleged that since respondent No.2 is party to the document, therefore respondent No.2 be directed to correct the valuation and pay the advalorem court fee. After hearing the parties learned court below dismissed the application, against which the present petition has been filed.