- (1.) This writ petition is directed against the order dated 22/9/2004 by which, the learned Additional District and Sessions Judge No. 3, Jaipur City, Jaipur in Suit No. 126/2003 titled as Vilam Chand v. Mohkam Chand allowed the application dated 15/3/2004 moved under Ss. 11, 18, 24, 29 & 38 of the Rajasthan Court Fees and Suits Valuation Act, 1961 (for short the Act') read with O. 7, R. 11 of the Code of Civil Procedure and the plaintiff was directed to deposit Rs. 7,00,000/- lakhs and the issue for determination of the actual suit value was left open with the observation that it shall be decided after considering the evidence adduced on behalf of the parties and in case additional court-fees required to be deposited, same shall be requisitioned from the plaintiffs-respondents.
(2.) The impugned order dated 22-9-2004 was challenged by the petitioners on the ground that the plaintiff-respondent No. 2 before the learned Additional Civil Judge (Sr. Divn.) No. 3, Jaipur City, Jaipur in the year 1997 for cancellation of sale deed and possession of the property alleging that the sale deed was executed by fraud and he has executed mortgage deed and, therefore, the sale deed be declared as null and void and the defendants be directed to hand over the possession. The suit was valued for Rs. 48,449/- and the respondent No. 2 paid court-fee of Rs. 2490/-. The application under O. 7, R. 11 of the Code of Civil Procedure read with Ss. 11, 24 and 29 of the Act was filed by the defendants-petitioners before the Civil Court and the Court vide its order dated 16-8-2002 observed that Issue No. 7 with regard to the court-fee would be decided as preliminary issue before going into the merits of the case.
(3.) The learned Court after hearing the arguments on the preliminary issue held that the valuation of the suit premises is not less than Rs. 65 lakhs and, therefore, it is not within the court's jurisdiction to hear the suit and, therefore, the plaintiff was directed to file suit before the proper Court after filing proper court-fee on the suit value as assessed by the learned court i.e. Rs. 65 lakhs.;