SARABJIT KAUR Vs. AVTAR SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed for setting aside the order dated 25.1.2013 passed by Civil Judge (Junior Division), Dera Bassi vide which the application moved under Order 7 Rule 11 CPC for rejection of plaint has been conditionally allowed and the plaintiff-petitioner was directed to append the court fee by the next date of hearing. Briefly, the facts of the case are that the petitioner filed a civil suit for mandatory injunction directing the respondents to pay an amount of Rs. 10 lacs for her marriage ceremony. The claim of the plaintiff in the suit was that she is adopted daughter of the defendants as the defendants were not having any issue but thereafter a male child was born. The plaintiff being neglected by the defendants and she is residing with Hakam Singh who is real brother of Avtar Singh, adopted father of the petitioner.

(2.) The application was moved under Order 7 Rule 11 CPC for rejection of the plaint on the ground of non payment of ad valorem court fee as no suit for mandatory injunction can be filed for recovery of any amount and the same is liable to be dismissed on this ground alone.

(3.) The said application was allowed conditionally and the plaintiff was directed to append court fee vide order dated 25.1.2013 which is subject matter of challenge in the present petition.