Minor's suit
ramaswami
(Querist) 12 March 2014
This query is : Resolved
Sir,
I bought a property 17 years back from one family. The property is ancestral one and all the persons,since father expired,mother,3 sons and daughter signed the sale deed.Now that mother expired and her minor grand children filed a suit and praying to quash the sale deed null and void.The fact is non of them were born on the day of registration.They born only after three years of the date of sale. Whether this case is maintainable ?. They are pleading for ad-interim injection.What can I do now? How fast I could come out of This?
Devajyoti Barman
(Expert) 12 March 2014
Np, this is not maintainable. File a petition under order 7 rule 11 cpc for rejection of plaint.
Rajeev Kumar
(Expert) 12 March 2014
It is not maintainable file a suit for rejection of plaint under Order 7 rule 11 of CPC.
ramaswami
(Querist) 13 March 2014
Thanks for the reply Sir,
In the plaint the plaintiff declared the value of suit for the purpose of Declaration is Rs.1000/- and The value of suit property for the purpose of Permanent Injection is Rs.1000/-. The present government guide line value of the suit property is Rs.50.lacs.Is this not amount to undervaluation of property and there by suppressing the court fee?
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
The suit is not maintainable on the said grounds as well as due to deficit court fees. You may file an IA as advised by experts above for rejecting the plaint.
Devajyoti Barman
(Expert) 14 March 2014
I may add that in declaratory suit the plaintiff can value his suit as per his wish which may not be the same of suit property value.
The court fees for declaratory suit is fixed at Rs.50/- in WB.
