ADMAR MUTT KALIYA MARDANA KRISHNA DEVARU Vs. VISHALAKSHI

JUDGEMENT

(1.) The petitioner is before this Court seeking the following reliefs:

(2.) Petitioner had filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint filed in O.S. No.138/2020 on the ground that the said plaint is not properly valued and a proper Court fee has not been paid. The application came to be rejected by the impugned order dtd. 28/11/2023 on the ground that a written statement had not been filed by the petitioner, who is defendant No.3 and without a claim being raised in the written statement as regards the adequacy or otherwise of the Court fee, an application under Order VII Rule 11 of the Code of Civil Procedure could not have been filed.

(3.) Sri Anand Rama .K, learned counsel for the petitioner would submit that it is not necessary for the defendant to file a written statement before filing an application under Rule 11 of Order VII and the application filed under the said provision could have been considered without a written statement by defendant.