VISHNU PRASAD GUPTA Vs. RAM BAHADUR SINGH

JUDGEMENT

(1.) BY this petition, filed under Article 227 of the Constitution of India, the petitioner questions the legality and validity of the order dated 18.2.2005 (Annexure P/3) passed by the 1st Additional District Judge, Ambikapur in Case No. 25 AJ 04, whereunder the plaint of the petitioner was rejected under the provision of Order VII, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC").

(2.) THE case of the petitioner is that the petitioner has filed a plaint with requisite court fee stamp in the Court of the District Judge, Ambikapur, Surguja. Accordingly, court fee stamp for the valuation of the suit i.e. Rs. 1,00,000/-, was also deposited.

(3.) BEING aggrieved, the petitioner has filed this petition questioning the legality and validity of the impugned order, stating that the learned Judge ought to have returned the plaint to file with proper valuation and adequate court fee stamp. Thus, the impugned order is bad.