RAJESH AND ANOTHER Vs. SURESH AND OTHERS

JUDGEMENT

(1.) CM No. 13736-CII-2017 Applicant seeks permission to place on record Annexure A-1 and also seeks exemption from filing certified copy there of. Application is allowed, as prayed for. CM stands disposed of. CR No. 3891 of 2017 Feeling aggrieved against the impugned order dated 2.5.2017 passed by the learned trial court, whereby application under Order 7, Rule 11 of the Code of Civil Procedure ('CPC' for short), moved by the defendants for rejection of plaint for non-payment of ad valorem court fee, was dismissed, they have approached this Court by way of present revision petition under Article 227 of the Constitution of India, for setting aside the impugned order.

(2.) Heard learned counsel for the petitioners.

(3.) A bare perusal of the impugned order passed by the learned trial court would make it crystal clear that it is factually correct and legally justified, as it does suffer from any patent illegality or perversity, so as to warrant interference at the hands of this Court, while exercising its revisional jurisdiction under Article 227 of the Constitution of India. It is so said, because plaintiffs-respondents filed a suit for declaration with consequential relief of permanent injunction. Since the plaintiffs-respondents were claiming themselves to be owners in possession of joint property, they were seeking any consequential relief of possession. Having said that, this Court feels no hesitation to conclude that the learned court below was well within its jurisdiction to pass the impugned order and the same deserves to be upheld.