Authority: Calcutta High Court, Circuit Bench at Jalpaiguri
Order Date: 16 June 2026
Case Overview
- Petitioner: Fr. Sebastian Basteppa Martis; Opposite parties: Bee Gee Wood Craft Udyog Private Limited and others; counsel: Mr. Momenur Rahman, Mr. Bikash Singha.
- The suit (Title Suit No. 534 of 2024(R)) sought declaration of title and recovery of possession; the defendant/petitioner filed an application under Order VII Rule 11 seeking rejection on the ground of undervaluation.
- The learned Trial Judge dismissed the Order VII Rule 11 application, holding that the principal relief was declaration of title and that the suit was correctly valued.
- The appellate court observed that it must determine whether the declaration of title or the eviction prayer is the principal relief and whether the suit is undervalued, requiring a prima facie adjudication based on the pleadings as a whole.
Final Outcome
- The appellate court allowed C.O. 74 of 2026 in part, setting aside the impugned order dated 10 February 2026.
- The application under Order VII Rule 11 is remanded to the learned Trial Judge for fresh adjudication on merits, with directions to consider the pleadings in their entirety.
- If the suit is found undervalued, the plaintiff/opposite party no.1 must correct the valuation and pay the appropriate court fees; failure to do so will result in rejection of the plaint.
- The trial court may refer the matter to a higher court if the valuation exceeds its pecuniary jurisdiction, and the higher court may also reject the plaint for non‑compliance with Order VII Rule 11(b).
- The entire exercise is to be concluded within one month from the date of communication of this order to the trial judge.
- No order as to costs was made.
- Urgent certified copies may be issued to the parties upon compliance with all formalities.
Topics: Court Procedure, Valuation of Civil Suit