KUSUMA RATHORE Vs. SHARAD SHARMA

JUDGEMENT

(1.) The petitioner aggrieved by order dated 10.01.2011 has filed this petition under Article 227 of the Constitution of India. The grievance of the petitioner/defendant is that in the civil suit for eviction and arrears of rent, the plaintiff/respondent has overvalued the suit, which amounts to abuse of process of law and, therefore, court below should have allowed his application and should have returned the plaint.

(2.) Shri D.D. Bansal, learned counsel for the petitioner, submits that the application, Annexure P-4, is filed with a prayer to return the plaint for the reason stated above. However, he fairly submits that it is erroneously captioned as application under Order 7 Rule 11 of CPC, whereas it should be treated as an application under Order 7 Rule 10 of CPC. By relying certain judgments, he criticized the order of the court below.

(3.) Per Contra, Shri Vivek Jain, Advocate for the respondent/plaintiff supported the order passed by the court below.