SMT. RAM KUMARI Vs. SMT. VANDANA & OTHERS

JUDGEMENT

(1.) In the present petition, a challenge has been made to the order dated 20.07.2017 passed by First Civil Judge, Class-2, Udaipura, Raisen whereby an application filed under Order 7, Rule 11 of the Code of Civil Procedure by the respondents/defendants for dismissal of the suit has been allowed on the ground that the petitioner/plaintiff has not paid advelorem Court fee as per the value of the saledeed executed by the respondents/defendants in favour of the respondents/defendants Nos.2 and 3.

(2.) The short facts of the case are that the petitioner/plaintiff filed a civil suit for declaration and injunction against the respondents over the property bearing Khasra No. 114/3, Area 4 Acres, Patwari Halka No. 12/21, situated at Seehora Dungaria, Tehsil-Udaipura, District Raisen (MP) wherein the petitioner/plaintiff has prayed for the following reliefs:-

(3.) The notices were issued by the trial Court. The respondents/defendants appeared before the Court below on 06.07.2017 and on 11.07.2017, the respondents/defendants filed an application under Order 7, Rule 11 of the Code of Civil Procedure making a prayer for dismissal of the suit on the ground that the suit is properly valued and the requisite Court fee is also paid. A reply was filed to the said application and it was submitted that considering the relief prayed in the plaint, no advelorem Court fee is required to be paid.