BABULAL CHOUDHARY Vs. KALAVATI CHOUDHARY

JUDGEMENT

(1.) Heard on the question of admission.

(2.) In the instant petition filed under Article 227 of the Constitution of India a challenge has been made to the order dtd. 24/5/2024 passed by the trial Court whereby the order of status-quo has been passed considering the application under Order XXXIX Rule 1 & 2 of CPC filed by the respondent No.1/plaintiff without considering the application filed by the petitioner/defendant under Order VII Rule 11 of CPC seeking dismissal of suit without payment of ad-valorem Court fee and the objection that suit was not maintainable as the relief could have been sought before Revenue Authorities.

(3.) It is argued that the trial Court ought to have first decided the application under Order VII Rule 11 of CPC filed by the petitioner before considering the application under Order XXXIX Rule 1&2 of CPC filed by the respondent No.1 and passing an order of status-quo.