RAJESH GUPTA Vs. HARISH GUPTA

JUDGEMENT

(1.) THIS is an application under Order 7 Rule 11 CPC for rejection of the plaint for want of adequate Court Fees. The suit is filed for partition of suit property No.2573, A/1 Gali No.11, Near Jain Mandir, Govardhan Bihari Colony, Shahdara Delhi -32. For the purpose of Court Fee the Court fee of Rs.20 has been affixed. In the application various grounds for rejection of the plaint on the ground of inadequate court fees have been urged. They are as follows:

(2.) WE may look at the legal position. This Court in the case of Sushma Tehlan Dalal vs. Shivraj Singh Tehlan and Ors. stated the legal position regarding Court Fees in a suit for partition after going through various judgments as follows: -

(3.) A perusal of the plaint shows that there is a categorical averment in the plaint that the plaintiff is doing business on the ground floor, residing on the second floor and having possession of a tin shed at the third floor of the suit property.