My elder sister has instituted a civil suit against me for partition, cancellation and permanent injunction whereas my mother who is no more has gifted the property purchased in her individual name three years back via registered gift deed.
My sister has filed a suit in the hon`ble court of additional judge in the district courts. She has valued the property at Rs.16 lacs and paid the court fees according to her 1/10 share as Rs.1.60 lacs, whereas current market value of the property in the locality at Delhi is somewhere around 1.50 crores.
During 1st hearing my lawyer filed an application for the rejection of suit under Order 7 Rule 11 of the CPC 1908 stating that the propery is under valued. The court has accepted the application and ordered the discusstion on 7/11 during next hearing.
My question is that how much amount the court is going to ask the plaintiff (my sister) to pay as the deficit court fees. Will court appoint an attorney/lawyer/valuer on his own for the valuation purpose of the property or I have to produce the valuation certificate during next hearing. Will the suit be rejected on the ground tyhat the property is under valued if deficit amount not paid within alloted period under 7/11 ?
Plz. clear each and every aspect given above.
thanks & regards
Sunny
