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Tejendra Singh Bindra vs. Narendra Singh & Ors.

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Rajasthan Court Fees & Suit Valuation Act, 1961–Sec. 24(b)–Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of counter-claim for want of payment of sufficient court fees–Suit for partition of property–Petitioner is the purchaser of part of property, and he sought the relief of permanent injunction alleging his possession with defendant no. 1–View of trial Court that he should pay the court fees in terms of provisions of Sec. 24(b)–If the petitioner-defendant intends to make the valuation of the suit property in the tune of plaintiff, same may not be treated improper–Objection with regard to the proper assessment of the market value whether according to the DLC rate as proposed by plaintiff or on the basis of other material, if produced by parties during course of trial, same would be finally assessed by the trial Court while deciding the relevant issue–Appellant should be given the opportunity to make the valuation of counter-claim in terms of Sec. 24(b)–Directed accordingly.