Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8260 of 2016 Petitioner :- Smt Nirmala Mehrotra Respondent :- Smt. Anju Mehrotra And 2 Others Counsel for Petitioner :- Manish Kumar Nigam Counsel for Respondent :- S.C.,Hanuman Upadhya,Rajesh Kumar Singh Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 9.9.2016, Civil Judge (Senior Division) in Original Suit No.358 of 2011, has rejected application filed by the petitioner, who is defendant in the suit, for inspection of the suit property by a court amin to ascertain the valuation thereof for purposes of payment of court fees. The court has observed that since the suit is for partition and, therefore, there is no need of getting the suit property valued by calling for a report from amin commissioner.
Learned counsel for the petitioner submitted that the suit has been valued on basis of annual value of the suit property whereas under clause (vi-A) of Section 7 of the Court Fees Act, the valuation in a suit for partition has to be made on basis of market value proportionate to the share of plaintiff in respect of which partition is being sought. It is submitted that since the market value of the suit property has not been disclosed in the plaint and, therefore, the application was filed for getting the property inspected by a court amin so as to enable the court to ascertain the market value.
Concededly, issues no.2 and 3 relating to valuation and court fee have yet not been decided. In such view of the matter, this Court is not inclined to entertain the challenge at this stage in exercise of supervisory power under Article 227 of the Constitution.
The petition is accordingly dismissed.
(Manoj Kumar Gupta, J) Order Date :- 26.9.2018 SL