ANKUR DUBEY Vs. JAYSHREE PANDEY

JUDGEMENT

(1.) Applicant has filed the present civil revision against order dated 06.09.2019 passed in Civil Suit No.337/2018 by III Civil Judge Class-I, Satna.

(2.) Applicant has filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of civil suit on the ground that the suit is valued as per the whims of the plaintiff and the suit is filed before the Court which has no jurisdiction to hear the matter. Valuation of the suit was done incorrectly i.e. suit was undervalued and the court fees which is paid on the suit is insufficient. Learned trial Court has partly allowed the application and has directed the applicant to pay the court fees of Rs.12.5/- on the civil suit.

(3.) Counsel appearing for the non-applicant No.1 submitted that Civil Revision is not maintainable. It is submitted by him that even if the application under Order 7 Rule 11 C.P.C. is allowed then also the suit cannot be rejected for inadequate payment of court fees on the suit and he made a prayer for dismissal of the civil revision.