SANJAY RAMCHANDRA SHENDKAR Vs. NARAYAN ANTU ZENDGE

JUDGEMENT

(1.) Heard learned Advocate Shri Sarthak Diwan for the petitioner and Advocate Dormaan Dalal for the respondent/ defendant no.18.

(2.) A short point that arise for consideration is whether the Suit filed by the plaintiffs, seeking declaration and perpetual injunction ought to have attracted the Court fee in terms of Sec. 6(iv)(ha) or the Court fee was to be charged under Sec. 6(iv)(j) of the Maharashtra Court Fees Act.

(3.) Summons came to be issued in RCS No.123/2013 filed by plaintiffs, pursuant to which, the defendant no.18 marked his appearance and filed written statement. He also filed an application (Exhibit 140) under Order VII Rule 11 of the Code of Civil Procedure, seeking rejection of plaint alleging that the plaintiffs have undervalued the Suit and not paid proper Court fee as per Sec. 5 of the Act. It was also pleaded that the Suit was not maintainable since it was filed by holder of Power of Attorney and also on the ground, that it is not filed within limitation and there is no cause of action.