JAGANNATH MOT Vs. RUSHIKULYA GRAMYA BANK

JUDGEMENT

(1.) IN this civil revision, the petitioners seek to assail the order dated 10.01.2007 passed in B.P. No. 3 of 2005 by the Civil Judge (Senior Division), Bhanjanagar, Ganjam rejecting the application under Order 7 Rule 11 CPC.

(2.) BRIEF facts of the case are that opposite party No. 1 has filed a suit for preliminary decree against the petitioners and others in the Court of the Civil Judge (Senior Division). Bhanjanagar, Ganjam, which has been registered as B.P.No. 3 of 2005. The said suit was filed on 23.03.2005. The petitioners after notice entered appearance and filed their written statement together with an application under Order 7 Rule 11 of the CPC to reject the plaint. But the learned Civil Judge dismissed the said application on 10.01.2007 with the finding that the plaint cannot be rejected on the ground of absence of cause of action. So far as the question of valuation and payment of court-fee is concerned, the trial Court held that the suit had been admitted after checking up the court-fee and that if at all the suit was undervalued, it would be decided during trial.

(3.) MR . Rao, learned counsel for opposite party No. 1 submits that the suit has been properly valued, proper court-fee amount has been paid thereon and so the order of the Civil Judge is legal. The trial Court has rightly observed that if the suit is undervalued, that can be dealt with at the time of trial.