PURUSHOTTAM RANA Vs. KANAKALATA RANA

JUDGEMENT

(1.) PLAINTIFF in Title Suit No. 29 of 1996 of the Court of Civil Judge (Sr. Division), Keonjhar has preferred this Civil Revision on rejection of the plaint under Order 7 Rule 11 (b) of the Code of Civil Procedure, 1908 (in short, 'the Code').

(2.) THOUGH it is of less relevancy but the facts and circumstances involved in this case are noted in brief. Plaintiff filed the suit for partition, inter alia, claiming for half share of the joint family property and intended that the sale transactions made by his father and Karta of the family in favour of Defendants 14 to 32 be declared null and void and inoperative as against his half interest. A fixed Court fee was paid. Title Suit was taken up for hearing and after recording evidence and hearing argument when the suit was posted for judgment learned Civil Judge (Sr. Division) entertained a doubt regarding correctness of valuation made and the Court fee paid on the plaint. In that context, learned Civil Judge (Sr. Division) provided an opportunity of hearing to the parties and on 3.4.2001 directed the plaintiff to correct the valuation and to pay the deficit Court fee in accordance with the provisions under Section 7(iv)(c) of the Court Fees Act. In that respect, time was granted till 9.4.2001 to do the needful. On 9.4.2001 plaintiff sought for time to challenge the said order in a Civil Revision. That application was rejected and because of non payment of deficit Court fee the plaint was rejected under Order 7, Rule 11 (b) of the Code.

(3.) IN course of hearing of the revision for its disposal at the stage of admission both the parties addressed the Court on the maintainability of the Civil Revision as well as on the merit.