Sardar Singh & Anr. Vs. Shaitan Singh & Others

Madhya Pradesh High Court (Single Judge)

CR, 162 of 2012, Judgment Date: Dec 14, 2017

Law laid down -

1. As per Section 3 of Court Fees Act r/w Section 4 of the Suit Valuation Act, the plaintiff was bound to value the suit for the purpose of jurisdiction in accordance with its market value (2001 (5) MPHT 374) is followed.
2. The decision of earlier Coordinate Bench, unless distinguished by Division Bench, is binding on the Bench of similar strength. Since the provisions of Suit Valuation Act and judgment of Kalyan Das was not considered in two later judgments of similar strength of Bench namely Shabbir Hussain and Dharamraj Singh, the earlier decision of Kalyan Das will be a binding precedent.(Five Judge Bench in the case of Jabalpur Bus Operator is followed).
3. The litigant must approach the Court with clean hands, clean mind, clean heart and clean objectives. A clever drafting or linguistic engineering adopted in a suit can be nipped in bud while deciding an application under Order 7 Rule 11 of CPC.

Sardar Singh & Anr. Vs. Shaitan Singh & Others