Pecuniary jurisdiction
malashree
(Querist) 20 November 2009
This query is : Resolved
The total cost of the suit property as per Delhi Government circle rate is Rs. 57,72,888. The property belongs to three class I legal share holders. Kindly specify the pecuniary jurisdiction of one legal share holder as well as the requisite court fee to be submitted in the concerned court and where the case is to be be filed?
Also specify whether the case can be dismissed under Order 7 Rule 10 of CPC being without pecuniary jurisdiction or whether an amendment petition in connection with pecuniary jurisdication and fees can be submitted afresh and related court orders?
adv. rajeev ( rajoo )
(Expert) 20 November 2009
suit valuation is Rs.5772888 divide it by the number of plaintiffs and defendts then you will the share of the each person, so on that share you will have to file a suit it is applicable to partition suit.
Court cannot dismiss the suit on the ground of pecuniary jurisdiction. It has to pass an order directing the parties to present the suit in proper court within___days from the date of the order.
If you want to amend the plaint you will have to make the valuation of the property again so decrese the valuation.
G V S Jagannadha Rao
(Expert) 20 November 2009
The suit is ALWAYS valued on the RELIEF claimed. In a suit for partition, the value of the share of the Plaintiff determines the Pecuniary jurisdiction of the Court.
Class I heirs shall take simultaneously and to the exclusion of all others heirs. Therfore each of them will have one-third share. If the suit is filed by one heir for partition and separate possession of his share the value of the suit would be a little more than Rs. 19 Lakhs.
Ms. Malashree on the second question you have already posted a separate query and Mr. Rajeev has also answered it.
For those who want to read the other query, here is the link:
http://www.lawyersclubindia.com/experts/experts_message_display.asp?group_id=49046
