BRIJ MOHAN SHARMA Vs. RAJEEV KUMAR

JUDGEMENT

(1.) By way of the instant revision-petition, the petitioner-defendant (here-in-after to be referred as 'the defendant') has laid challenge to the order (Annexure P-8) passed by learned Additional Civil Judge (Senior Division), Rewari (for short 'the trial Court') on 14/9/2023 in Civil Suit No.164 of 2023 titled as 'Rajeev Kumar Vs. Brij Mohan', whereby his prayer for the rejection of plaint in view of the provisions contained in Order 7 Rule 11 CPC, has been declined.

(2.) Shorn and short of unnecessary details, the facts emerging from the perusal of the file and culminating in the filing of the present revision- petition, are that the respondent-plaintiff (here-in-after to be referred as 'the plaintiff') filed the afore-referred Civil Suit against the defendant for seeking a decree for the recovery of Rs.19,20,000.00. In para No.8 of the plaint, he (plaintiff) categorically pleaded that the Court-fee worth Rs.47,550.00 was to be affixed on the plaint but due to insufficiency of the Court-fee stamps, the Suit was being filed with the stamp-paper worth Rs.50.00 and the remaining Court-fee would be paid/affixed later-on. Then, on 2/8/2023, he (plaintiff) moved application Annexure P-2 for making good the above-said deficiency of Rs.47,500.00 in the Court-fee and he submitted the same accordingly, as reflected in the order Annexure P-3 passed by the trial Court on that day. However, thereafter, on 31/8/2023, the defendant moved an application (Annexure P-5) under Order 7 Rule 11 CPC for seeking the rejection of the plaint, while claiming that the Court-fee worth Rs.1,00,100.00 was required to be paid/affixed thereon (plaint) in accordance with the amount sought to be recovered by the plaintiff in the Suit but he had failed to affix the same within the period of limitation as prescribed for filing the afore-said Suit and therefore, his claim had become time-barred. In the meantime, the plaintiff filed application Annexure P-7 for seeking permission to submit the Court- fee of Rs.52,650.00 and averred therein that he was submitting the same, in view of the above-referred application, Annexure P-5 and just to avoid any controversy. The defendant resisted the same and prayed for rejection of the plaint on the ground of the afore-mentioned Suit having become time-barred due to the delay in filing the Court-fee but vide the impugned order, the trial Court has rejected his above-said prayer, as already discussed in the opening para of this judgment.

(3.) I have heard learned counsel for the petitioner-defendant in the instant revision-petition, at the preliminary stage and have also gone through the file carefully.