GWALIOR DEVELOPMENT AUTHORITY Vs. KOK SINGH

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Article 227 of Constitution, petitioners have challenged the order passed by the Court below in case No.5/2010 dated 26-10-2010 whereby their application preferred under Order VII Rule 11 of CPC Annexure P/10 was rejected by the Court below.

(2.) Respondent/Plaintiff filed a civil suit for declaration and permanent injunction. In the said suit, he prayed that he be declared Bhumiswami of the suit land. The agreement dated 12-05-1989 be set aside. It is further prayed that a permanent injunction be issued against the defendants restraining them to dispossess the plaintiff.

(3.) Petitioners/Defendants filed the written statement and also filed an application under Order VII Rule 11 of CPC. An objection is taken that plaintiff/respondent is admittedly party to the agreement dated 12-05-1989 and therefore, he has to pay the ad valorem court fee as per Section 6 (iv) (c) of the Court Fees Act, 1870.