KALYAN DAS Vs. NARAYAN SINGH

JUDGEMENT

(1.) IN this civil revision challenge is to the order dated 28-9-1999 passed by the learned Second Additional District Judge, Raigarh, in C. S. No. 5-A/95.

(2.) THE facts as have been unfolded are that the plaintiffs filed a suit for declaration and permanent injunction. It is setforth in the plaint that in the year 1991 the plaintiffs had purchased certain land described in Schedule A from the defendant No. 1. Various sale-deeds were executed by the defendant No. 1. After purchase of the suit land the plaintiffs are in possession and in peaceful enjoyment of the same. It is averred that after sale of the said property to the plaintiffs the defendant No. 1 again sold the said property to other defendants. The plaintiffs have further pleaded as the defendant No. 1 had sold the some of the properties to the other defendants in a malafide manner a cloud has been cast in respect of the right, title and interest of the plaintiffs. With the aforesaid base the plaintiffs prayed for declaration and permanent injunction. The plaintiffs valued the suit at Rs. 60,000/- for declaration and paid a fixed Court Fee of Rs. 30/ -. The reliefs sought for by the plaintiffs are that they are the title-holders in respect of the suit property; that sale-deeds executed the defendant No. 1 in favour of the other defendants are null and void; and further the defendants be permanently injuncted to act in a manner which would go against the interest of the plaintiffs.

(3.) AFTER some of the defendants entered appearance the defendant Nos. 5 and 6 filed an application under Order 7 Rule 11 of the Civil Procedure Code (for short 'the Code') for rejection of the plaint on the ground that proper Court Fee has not been paid on the plaint. It was putforth by the defendants as the suit was valued at Rs. 60,000/- the plaint was returned by the Court below and, therefore, the plaintiffs should pay the Court Fee on the valuation at which the suit has been valued. At this juncture, an application was filed under Order 6 Rule 17 of the Code to pay the Court Fee of Rs. 300/- on the valuation of Rs. 60,000/- and to value permanent injunction at Rs. 300/- and to pay Court Fee of Rs. 60/ -. The Court below came to hold that he had already opined that the plaintiff was liable to pay the Court Fee on Rs. 60,000/- and accordingly so directed.