RAJINDER SINGH BHATIA Vs. MANJU BHATIA

JUDGEMENT

(1.) An application under Order VII Rule 11 CPC, has been filed on behalf of defendant for rejection of the plaint on account of payment of deficient court fees.

(2.) It is submitted that the plaintiff has filed a suit for Permanent and Mandatory Injunction and has valued his suit for Rs.2.5 crores for the purpose of jurisdiction. However, he has paid the fixed court fee for Mandatory and Permanent Injunction by fixing the valuation at Rs.500.00 each. It is asserted that once the valuation of the suit property has been fixed at Rs.2.5 crores, the court fee also has to be necessarily paid on the same amount. Therefore, the plaint is liable to be rejected on account of deficient court fee.

(3.) The defendant has relied upon the case of Bharat Sanchar Nigam Ltd. vs. All India Bharat Sanchar Nigam Executives ' Association (Regd.) and Ors. CS(OS) No.689/2004 decided on 12/1/2006.