OMPRAKASH Vs. GANESH PRASAD AND OTHERS

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by the order dated 18.04.2017 passed by the trial Court on an application preferred by the respondents/defendants under Order 7 Rule 11 r/w section 151 of the Code of Civil Procedure. An objection was raised in respect of misjoinder of the party and in respect of court fee and the trial Court has arrived at a conclusion that the suit property is valued at Rs. 2,60,000/- as per the sale deed of the year 1997, and therefore, court fee has to be paid keeping in view Section 7 IV (c)(d) of the Court Fee Act, 1870.

(2.) In the considered opinion of this Court, the trial Court was justified in rejecting the application preferred under Order 7 Rule 11 of the C.P.C.

(3.) The Apex Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil reported in 2010 (8) SCC 329 in paragraph 49 held as under:-