S.R. LADDHAR Vs. MOHAN NAGPAL

JUDGEMENT

(1.) Present revision petition has been directed against the order dtd. 14/12/2016 passed by the Court of Civil Judge (Senior Division), Bathinda; whereby an application under Order 7 Rule 11 CPC filed at the instance of petitioner/ defendant No.1 (hereinafter referred to as -petitioner-) has been dismissed.

(2.) The facts of the case are that respondent No.1/ plaintiff (hereinafter referred to as -respondent No.1-) filed a suit for damaged against petitioner as well as respondents No.2 to 5, alleging harassment and humiliation at their hands. The prayer clause of the plaint dtd. 22/9/2015 is reproduced hereunder:-

(3.) Petitioner moved an application under Order 7 Rule 11 CPC read with Sec. 151 CPC praying for rejection of plaint on the ground that once respondent No.1 had sought recovery of damages specifying the quantum at Rs.20.00 lacs, advalorem Court Fee should have been affixed on the said amount and in the absence thereof, the plaint was liable to be rejected. Respondent No.1 filed his objections to the application filed at the instance of petitioner.