Nishant Fatima And Ors vs G. Niyajuddin And Ors

Sanjay K. Agrawal, J

In civil suit No. 17-A/2019 (G. Niyajuddin Vs. Smt. Nisha Fatima & Ors.) filed by the plaintiff/respondent No. 1, defendants/petitioners herein, after

entering into appearance, filed an application under Order 7 Rule 10 of the CPC stating that the suit shop is valued at ₹ 6,52,40,000 /- and plaintiff has

wrongly valued the suit therefore, the plaint be returned which was rejected by learned 7 th Civil Judge Class II, Raipur by order dated 16/08/2019

holding that this Court has the jurisdiction for hearing of the said civil suit as the suit is valued by the plaintiff at ₹ 2,000 /- against which this writ

petition has been preferred by the petitioners.

Mr. Kshitij Sharma, learned counsel for the petitioners would submit that apparently the suit is undervalued therefore, the trial Court has no

jurisdiction to entertain it.

I have heard learned counsel for the petitioners at length.

Learned trial Court prima facie recorded a finding that the valuation of the suit is in accordance with law and rejected the application filed by the

petitioners/defendants. Be that as it may, petitioners are at liberty to raise the plea of valuation of the suit before the trial Court while filing the written

statement and that will be considered by the trial Court at appropriate time without being influenced by the impugned order.

With the aforesaid liberty reserved in favour of the petitioners, this writ petition stands disposed of. No order as to cost(s).