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by sayum
12 October 2026 7:53 AM
"The power under Order 7 Rule 11 CPC is undoubtedly, drastic in consequence and must be exercised with circumspection. The provision is intended to ensure that a Plaintiff cannot prosecute a suit on a valuation, which is not legally sustainable or avoid payment of court fees, which are otherwise payable on the reliefs claimed." Delhi High Court, in a ruling dated October 9, 2026, has affirmed the rejection of a partition suit under Order VII Rule 11(b) and (d) of the CPC, emphasizing that a plaintiff cannot evade the payment of ad-valorem court fees by masking the lack of possession through imprecise pleadings.
A bench of Justice Neena Bansal Krishna observed that when a plaintiff fails to comply with judicial directions to value each relief separately and pay the requisite court fees despite multiple opportunities, the "statutory consequence of rejection of the Suit, was inevitable."
The appellant had filed a suit for partition, possession, rendition of accounts, and permanent injunction, claiming an equal share in various properties as a legal heir of her deceased parents. She asserted joint possession of the suit properties to justify the payment of a nominal fixed court fee under the Court-Fees Act, 1870. Conversely, the defendant maintained that the properties were either self-acquired or bequeathed to him via registered Wills, and challenged the suit on grounds of improper valuation, lack of pecuniary jurisdiction, and limitation.
The primary questions before the court were whether the trial court was justified in rejecting the plaint for failure to properly value the suit and pay the requisite court fees, and whether the suit was maintainable despite the existence of registered Wills that were not challenged within the period of limitation.
Failure To Comply With Valuation Norms
The court noted that the appellant repeatedly attempted to amend her plaint but failed to cure the fundamental defect of failing to value the reliefs of partition, possession, and rendition of accounts separately. Despite specific directions from the trial court in 2021 to clarify the valuation and the corresponding court fees for each relief, the appellant persisted in providing inconsistent pleas. The bench underscored that a plaintiff cannot unilaterally choose to pay court fees upon the final determination of the suit, as this contradicts the statutory mandates of the Court-Fees Act.
No Absolute Right To Evade Ad-Valorem Fees
The court held that a mere assertion of "joint possession" in the plaint does not grant an automatic right to pay fixed court fees if the material on record suggests otherwise. When the plaintiff is not in actual physical possession of the property, she is statutorily bound to pay ad-valorem court fees based on the value of her share. By failing to rectify the valuation after the dismissal of multiple amendment applications—a process that attained finality through previous orders—the appellant left the court with no alternative but to invoke the provisions of Order VII Rule 11(b) CPC.
Failure To Challenge Testamentary Documents
The bench further observed that the suit was inherently flawed because it sought partition while ignoring registered Wills and gift deeds that stood as clear impediments to the appellant's claimed title. The court noted that these documents were within the appellant’s knowledge as early as 2014, yet no relief for declaration was sought. As the limitation period for challenging these instruments had long expired, the suit was barred under Order VII Rule 11(d) CPC.
Conclusion and Final Order
The High Court dismissed the appeal, ruling that the trial court acted within its jurisdiction in rejecting the plaint. The court reiterated that legal proceedings cannot be used to circumvent the mandatory provisions of the Court-Fees Act or to bypass the law of limitation. The impugned judgment was upheld as the appellant had failed to demonstrate any error in the trial court's assessment of the law or facts.
Date of Decision: 09 October 2026
