DHAN RAJ & ANR. Vs. KANHAIYA LAL & ANR.
LAWS(RAJ)-2016-1-218
HIGH COURT OF RAJASTHAN
Decided on January 20,2016

Dhan Raj And Anr. Appellant
VERSUS
Kanhaiya Lal and Anr. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the order dated 29.07.2015 passed by the trial court, whereby the application filed by the petitioners under Section 11 of the Rajasthan Court Fees and Suit Valuation Act, 1961 read with Order 7, and Rule 11 CPC has been rejected.
(2.) The respondent-plaintiff filed a suit for declaration and consequential reliefs. It was prayed in the suit that order dated 22.04.2003 passed in file No. 467/16 and consequential patta be cancelled and consequential reliefs be granted in favour of the petitioners.
(3.) During the pendency of the suit, the petitioners filed an application, inter alia, indicating that the suit has been wrongly valued and along with application, filed copy of the gift deed dated 31.12.2014. It was claimed that the property in dispute has been valued at Rs.4,62,000/- by the Sub-Registrar while registering the gift deed pertaining to the property and therefore, the valuation has been made incorrectly, and that the trial court lacks pecuniary jurisdiction. A prayer was made in the application that issue be framed and market value of the property be determined and ultimately, it was prayed that the suit be dismissed/plaint be returned.;


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