Legal Question in Civil Litigation in India

I am a defendant in civil suit for a plot of Rs. 4 lacs in lower court and filed a counter claim in same of court of Rs. 12.25 lacs but due to value which not comes under the jurisdiction of that court, withdrawn the case with liberty to file in appropriate court and filed the suit in ADJ court but the opposition has objected the jurisdiction that the circle rate of property is increased and due to that the property's value becomes above 20 lacs during the withdrawal and filing a fresh suit so this court has not power to accept this suit.

Last order of ADJ was as follows:

\"Matter is fixed today for arguments on the issue framed on the last

date of hearing i.e .whether the suit has been under valued for the purposes of

pecuniary jurisdiction. Counsel for defendant relies upon the High Court Rules

which have been under Section 9 of the Suits Valuation Act, 1887, Rule 7 of which

specifically provides that where plaintiff has asked for a mere declaration without any consequential relief, for the purposes of Suits Valuation Act the market value of the property in dispute is to be considered\"

In this situation, is there any judgement where we can relied upon that the suit is maintainable during the pendency of suit as we have withdrawn the suit from lower court with the liberty to file a fresh suit with appropriate court and the original value of the suit (Not circle rate or market value) is comes under the jurisdiction of this court?

thanks

Rajeev Gupta

1 Answer from Attorneys

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