MRS. MANJIT KAUL Vs. MR. ANIL KUMAR

JUDGEMENT

(1.) Feeling aggrieved by the order dtd. 14/3/2022 (Annexure P-3) passed by learned Additional Civil Judge (Senior Division), Kapurthala (for short 'the trial Court') whereby the application moved by the respondent-defendant (here-in-after to be referred as 'the defendant') under Order 7 Rule 11 read with Sec. 151 CPC for seeking the rejection of the plaint, has been disposed of while observing that the petitioner-plaintiff (here-in-after to be referred as 'the plaintiff') is liable to pay the ad-valorem court fee qua the relief of recovery of Rs.10.00 lac, she (plaintiff) has preferred the instant revision petition.

(2.) I have heard learned counsel for the petitioner-plaintiff in the present revision petition and have also perused the file carefully.

(3.) Learned counsel for the plaintiff contends that the plaintiff is ready to affix the proper court fee on the plaint at the time of final decision of the civil suit filed by her against the defendant and therefore, the impugned order requiring her at the very initial stage in the suit, to affix the ad-valorem court fee on the amount of the damages claimed by her, is not legally sustainable and deserves to be set-aside.