Regarding under value of the suit property
malashree
(Querist) 20 November 2009
This query is : Resolved
The property belongs to Delhi and at present the market value of the suit property is Rs. 57 lacs. If the property is undevalued by one of the legal share holder then the suit can be rejected under Order 7 Rule 11(b) of CPC or an amendment petition can be submitted in the concerned court afresh and related judgements.
G V S Jagannadha Rao
(Expert) 20 November 2009
If a suit is undervalued, the Plaintiff is requird to correct the value and pay the deficit court fee. If such re-valuation ousts the pecuniary jurisdiction of the Court in which the suit is filed originally, the plaint has to be returned for presentation in court having pecuniary jurisdiction.
If the valuation is not corrected and deficit court fee is not paid even after direction of court, only then the Court can reject the plaint under Order VII Rule 11 (b.
Please specify on what point of law you want judgements.
Raj Kumar Makkad
(Expert) 20 November 2009
Hoshiar Singh versus Niranjan Singh 2008 (3) RCR (Civil) 26
Devajyoti Barman
(Expert) 20 November 2009
In the matter of undervalued suit the plaint may be rejected under the said provision if the plaintiff does not deposit the requisite court fees within the stipulated time given by the court. However before that the court will have to determine whether the suit is indeed an undervalued one or not.
