SURESH YADAV Vs. MODI ALLOYS INDIA PVT. LTD.

JUDGEMENT

(1.) DISMISSAL of application under Order VII Rule 11 CPC for dismissal of the suit of the plaintiff has brought the defendant in this petition where he has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India. Non -applicant petitioner M/s. Modi Alloys India Pvt. Ltd., Mandi Gobindgarh had brought a suit inter -alia against the defendant petitioner herein, for recovery of the amount to be found due against him on settlement of accounts between the parties, details of transactions whereof were furnished in the plaint.

(2.) APPLICATION for dismissal of the suit was made by the petitioner -defendant claiming therein that requisite ad valorem court fee on the relief sought by the plaintiff had not been paid and thus the suit should be dismissed. Finding no merit in the application of the petitioner defendant, the same was dismissed by the lower court.

(3.) THE lower court has very deftly handled the multiple facts having bearing on the case and had rightly come to the conclusion that the actual amount payable by the petitioner -defendant to the respondent plaintiff could only be ascertainable after settlement of the accounts inter -se the parties after the evidence is led by them before the court.