DR. BIMAL ANJUMAN Vs. AASRA FOUNDATION (REGISTERED)

JUDGEMENT

(1.) DEFENDANT Dr. Bimal Anjuman has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India impugning order dated 11.9.2012 Annexure P/5 passed by the trial court thereby dismissing application Annexure P/3 filed by defendant -petitioner for dismissal of the suit for want of proper court fee. Respondent -plaintiff (a registered Educational Institute) has filed suit against defendant -petitioner vide plaint Annexure P/1. Besides seeking relief of declaration, the plaintiff has also sought relief of mandatory injunction to the following effect: -

(2.) DEFENDANT in his application Annexure P/3 alleged that the plaintiff is required to pay ad valorem court fee on the amount claimed in the suit but has not paid the same and therefore, the suit is liable to dismissal.

(3.) LEARNED trial court vide impugned order Annexure P/5 disposed of the application Annexure P/3 filed by the defendant observing that the question regarding quantum of damages is required to be determined after recording of evidence and therefore, requisite issue is to be framed. Accordingly, the trial court framed issues arising from the pleadings of the parties including issue relating to sufficiency of court fee. Feeling aggrieved, the defendant has filed this revision petition to assail the said order Annexure P/5.