KULJEET SINGH Vs. VIKRAMJEET

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 06.11.2015, passed by learned Additional Civil Judge (Senior Division), Pataudi, Distt. Gurgaon, vide which the application moved by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter called the 'CPC') for rejection of the plaint has been dismissed.

(2.) Plaintiff -respondent No.1 has filed the suit for seeking decree for partition of the suit property by metes and bounds.

(3.) The petitioner moved the application under Order 7 Rule 11 CPC alleging therein that the respondent -plaintiff has intentionally under -valued the suit and has not affixed the proper court fees on the plaint. He was bound to pay the ad valorem court fees on the value of the property. The plaintiff is not in possession of any portion of the property in question. Defendant No.1/petitioner is in exclusive possession of the suit property.