SUBHASH CHANDER Vs. DINESH KUMAR

JUDGEMENT

(1.) This civil revision petition has been instituted by the petitioner under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court to assail the order dtd. 29/8/2025 (Annexure P5), whereby the learned Trial Court dismissed the application filed by the petitioner under Order VII Rule 11 CPC seeking rejection of the plaint on the ground that the respondent-plaintiff had failed to affix the requisite court fee.

(2.) The respondent-plaintiff instituted a suit for recovery of a sum of Rs.6,25,000.00 along with interest, by creation of a charge on the property of the proforma respondent and by seeking a restraint against alienation of the suit land during the pendency of the suit. The suit was founded on the plea that the parties had entered into an agreement to sell, pursuant to which a sum of Rs.4,50,000.00 was paid, with a further amount agreed to be paid on 18/10/2018 and the remaining earnest money on 15/11/2018. It was pleaded that the agreement was illegal and unenforceable, and that the petitioner-defendant had no right to alienate the suit property. Court fee was affixed on the claimed amount of Rs.6,25,000.00.

(3.) Learned counsel for the petitioner contended that the impugned order is unsustainable, asserting that the learned Civil Judge committed a legal error by disregarding the fact that the total sale consideration under the agreement was Rs.1,29,70,000.00 and that the entire earnest money had not been paid.