- (1.)The Petitioner has filed this petition under Article 227 of the constitution of India, aggrieved by the order dated 25/08/2009, passed by the second Additional Civil judge, class-II, Gwalior in civil suit No. 89-A/09, whereby allowed the application filed on behalf of the defendant under Order 7 Rule 11 CPC and directed the plaintiff to value the suit at the market value of pledged ornament, one gold "Kardhoni" weighing 15 tolas, and pay the necessary Court fees on it.
(2.)Brief facts of the case are, the plaintiff has filed the present suit for return of the pledged gold ornament, alleged to be one gold "Kardhoni" having weight 15 tolas, which has been pledged by the plaintiff to the defendant in lieu of the amount of Rs. 15,000/-. The plaintiff was ready to pay the aforesaid amount of Rs. 15,000/- and asked the defendant to return the concerning gold ornament, but, as the defendant refused to return the concerning pledged gold ornament, the petitioner-plaintiff has filed the suit for return of the pledged ornament and valued the suit at Rs.15.000/-, the amount for which the ornament had been pledged to the defendant and also paid the court fees on Rs. 15,000/-. After service, the respondent-defendant has filed an application under Order 7 Rule 11 CPC and taken an objection that the plaintiff ought to have valued the suit at the market value of the concerning gold ornament "Kardhoni" having weight 15 tolas which is Rs. 2,40,000/-. The learned trial court after hearing the parties by the impugned order, directed the plaintiff to value his suit at the market value of concerning gold ornament and pay court fee accordingly. Aggrieved by which, the petitioner- plaintiff came up before this Court by this petition.
(3.)Having heard the learned counsel for the parties and perused the impugned order.