Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Court Fees & Suit Valuation Act, 1961–Secs. 24 (a) & (e), 35(1) & (2) Application for rejection of plaint because of deficient Court fees–Direction of trial Court for paying the Court fees on market value of property in view of provision of Sec. 24(a) & 35(1)–Justification–Suit for partition by metes and bounds and separate possession and to declare the sale deed annulled which was executed by defendant no. 1 in favour of defendant no. 3–Plaintiff pleaded that the property is joint property and plaintiff and defendants nos. 1 & 2 are in joint possession–No case that he was ousted from the property–Held, case comes in the ambit of clause (e) of Secs. 24 and 35(2)–Provisions of Secs. 24(a) & 35(1) cannot be made applicable–Impugned order passed by trial Court quashed and directed to proceed accordingly.
