GURDEV SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) This revision petition has been preferred by the defendants against the order dated 14.6.2004 passed by the Additional Civil Judge (Senior Division) Ropar whereby an application under Order 7 Rule 11 CPC read with Section 10 of the Court Fees Act moved by them has been dismissed.

(2.) The respondent-plaintiff has filed a suit for recovery of Rs.5,30,000/- as principal amount and interest at the rate of 12% per annum. It is not disputed that the requisite Court Fees on the principal amount of Rs.5,30,000/- has been affixed by respondent-plaintiff. However, alleging that no Court fees on the amount of interest was affixed and the suit was liable to be dismissed on that score alone, that the petitioners moved the application, referred to above.

(3.) After hearing learned counsel for the parties, I do not find any merit in this revision petition. Having regard to the fact that no order for payment of interest has been passed in his favour and rate of interest and consequential determination of interest amount is yet to take place, no fault can be found with the impugned order. Dismissed.