Regarding pecuniary jurisdiction
malashree
(Querist) 27 November 2009
This query is : Resolved
The property is located in Delhi having built up three floors on 1555.5 Sq yds plot. The owner of the property died intestate leaving behind three legal heirs. The land cost of the property as per MCD circle rate meant for registration of property is Rs.27,300/- per Sq.yds which come total Rs.35,49,546/-- and the construction cost total come Rs.22,23,342/-. The grand total comes to Rs.57,72,888/-. Now one of the legal heir intend to file a partition suit. Please clarify the following:-
1. What would be the valuation of suit for partition for the purposes of fees and jurisdiction and whether this suit can be filed in a Dddl.District & Session Judge or District Judge court.
2. What the method for calculation of the pecuniary jurisdiction.
3. Whether and partition suit pending in the court can be rejected/returned under order 7 Rule 10 CPC being without pecuniary jurisdiction.
4. How the market value of the suit property is calculated and whether a partition suit can be rejected under order 7 Rule 11(b) CPC.
5. Whether I can decrease the valuation of suit property for filing partition suit.
Raj Kumar Makkad
(Expert) 28 November 2009
1. the suit can be filed before the DJ/ADJ.
2. It is duly given/published by state govt. and generally remains with the advocates in their diaries also.
3. No section 10 of order 7 is applicable only for the return of the plaint and not for its rejection.
4. market value is to be ascertained through the office of the registrar and suit cannot be rejected under the given provision.
5. no.
