AVINASH Vs. MOHAMMAD KHAN

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is at the instance of the plaintiff. It is directed against the order dated 15 2-2005 passed by the Additional District Judge, Barwaha, in Civil Suit No. 6-A/2004. By the order impugned, learned trial Judge while deciding application under O. VII, R.11 of the Code of the Civil Procedure, 1908 directed petitioner to suitably amend the plaint to claim appropriate relief under S. 34 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act' for short) and pay requisite Court-fee thereon.

(2.) Briefly stated, relevant facts are as under. Petitioner filed a suit for permanent injunction on the allegations that respondent Nos. 1 to 3 are the owners of suit land and superstructure standing thereon more particularly described in the plaint. Respondent No. 4 is holder of power of attorney. On 14-1-2004, an agreement of sale of the suit property together with fixtures, attachments etc. was entered into between the parties for valuable consideration. During the subsistence of the agreement and ignoring terms thereof, the agreement respondent Nos. 1 to 3 started damaging suit property and threatened to dispose of it to third party. Hence the suit for permanent injunction wherein petitioner valued the suit at Rs. 51,000/- and paid Court-fees of Rs. 560/-.

(3.) Respondents herein filed an application under O.VII, R. 11 praying for rejection of plaint, on various grounds, amongst other on the ground of relief of permanent injunction was misconceived and improper valuation and payment of Court-fees. Application was opposed by the petitioner. Learned trial Judge, after hearing submissions, partly allowed the application by the order impugned and directed amendment of plaint in the light of provisions contained in S.34 of the Act and to pay requisite Court- fee as mentioned above.