RAJESH BAJAJ Vs. AMIT KUMAR

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 10.10.2013 passed by learned Civil Judge (Junior Division) Yamuna Nagar at Jagadhri whereby application filed by the respondent/defendant under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the "CPC") for rejecting the plaint, has been disposed of and the petitioner-plaintiff has been directed to pay ad valorem court fee on the sale consideration of Rs.4,50,000/-.

(2.) Shorn off unnecessary details, the facts relevant for disposal of the present petition are to the effect that petitioner-plaintiff filed suit for permanent injunction restraining the defendant from interfering in actual physical possession of the plaintiff in the suit land. Thereafter, since the petitioner/plaintiff was forcibly dispossessed from the suit land, the petitioner-plaintiff got the plaint amended and claimed the relief of possession under Section 6 of the Specific Relief Act, 1963 instead of relief of permanent injunction. In pursuance to the notice, respondentdefendant put in appearance and moved application under Order 7 Rule 11 CPC for rejecting the plaint as the plaintiff has failed to pay ad valorem court fee. Vide impugned order dated 10.10.2013, the trial Court disposed of the application and the petitioner-plaintiff has been directed to pay ad valorem court fee on the sale consideration of Rs.4,50,000/-. Hence, this revision petition.

(3.) I have heard learned counsel for the petitioner and perused the record.