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Valuation

(Querist) 27 July 2013 This query is : Resolved 
In civil suit plaintiff under valued the suit for jurisdiction as the relief claimed is above 2 lakhs and the suit is in junior court,

1- I the defendant want to dismiss the suit,should i make application to court.

2- under order / section which has to be mentioned in the heading of appllication.

3- will the suit be rejected or dismissed.
R.K Nanda (Expert) 28 July 2013
1.yes.

2.u/s 151 of cpc.

3.court will judge it.
prabhakar singh (Expert) 28 July 2013
You need to state by an application that the suit is undervalued and court fees paid is insufficient and the case is beyond the pecuniary limits of the jurisdiction of court referring provisions of the court fees Act and section 151 of cpc and should also move application praying commission to visit spot and value the property in suit and should procure sale deeds of adjacent lands sold or circle rate in the locality of suit property to prove all this so that you may succeed.


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