RAMABAI Vs. ANAND

JUDGEMENT

(1.) The present petition is filed by aggrieved legal representatives of defendant No.4 in O.S.No.111/2014. The original petitioner/defendant No.4 had filed application in I.A.No.7 before the Trial Court under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC" for short) seeking to reject the Plaint which is rejected by order dtd. 22/9/2020.

(2.) The above suit in O.S.No.111/2014 is filed is filed by the plaintiffs/respondent Nos.1 & 2 seeking the relief of declaration, mandatory injunction and permanent injunction in respect of immovable property, value of which is shown at paragraph No.14 of the plaint as Rs.10,00,000.00. The present application is filed seeking rejection of the Plaint on the premise that despite the value of suit property is shown as Rs.10,00,000.00, the plaintiff had made valuation of the relief sought at Rs.1,000.00 and paid the Court fee thereon without paying Court fee on the value of the suit made at Rs.10,00,000.00. On these grounds the Plaint was sought to be rejected.

(3.) Said application was resisted by the plaintiffs contending that no order has been passed by the Trial Court calling upon the plaintiffs to furnish valuation or to pay the Court fee. Since that not having been done, the application was premature and hence sought for dismissal of the application.