SATPAL AND ANR Vs. RADHEY SHYAM AND ORS

JUDGEMENT

(1.) Defendants No. 1 and 2 have filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 16.9.2009, Annexure P/1, passed by learned Additional Civil Judge (Senior Division), Amloh.

(2.) Respondents No. 1 and 2 filed suit against the petitioners and proforma respondents No. 3 to 5 vide plaint, Annexure P/2, alleging that plaintiffs and defendants are co-sharers in the suit property and the plaintiffs are owners and in joint possession of the suit property to the extent of half share. The plaintiffs pleaded that they do not want to keep the suit property joint. Accordingly, the plaintiffs sought relief of joint possession of the suit property to the extent of half share and also sought partition of the suit property by metes and bounds and also sought permanent injunction.

(3.) Defendants moved application under Order 7 Rule 11 of the Code of Civil Procedure ( in short, CPC) for rejection of the plaint on two grounds. It was alleged that the plaintiffs have not explained as to how they have half share in the suit property. Secondly, the plaintiffs have not paid ad-valorem court fee on the market value of the suit property which is not less than Rs 20 lacs.