BALDEV SINGH Vs. SAVNEER BAL (MINOR) AND OTHERS

JUDGEMENT

(1.) Revision petition has been filed under Article 227 of the Constitution of India, challenging order dated 13.04.2018 (Annexure P-1), passed by the learned Additional Civil Judge (Senior Division), Indri, in case titled as 'Savneer Bal and others' versus Baldev Singh and another', dismissing the application filed by the petitioner-defendant under Order 7 Rule 11 read with Section 151 CPC.

(2.) Brief facts of the case, leading to the filing of the revision petition are that the respondents-plaintiffs filed a civil suit for declaration that sale deed bearing Vasika No.1158/1 dated 15.07.2013 was illegal, null and void, inoperative, in contravention of the law and not binding upon the rights of the respondents-plaintiffs with a prayer for consequential relief of permanent injunction for restraining the petitioner-defendant from further alienating the suit land by way of sale, mortgage, charge, lien, gift etc.

(3.) The petitioner-defendant filed an application under Order 7 Rule 11 read with Section 151 CPC, for rejecting the plaint on the ground that the respondent-plaintiff had wrongly assessed the value of the suit for the purposes of Court fee and jurisdiction at Rs.200/- and affixed Court fee of Rs.25/- only as against the requirement to assess the value of the suit for the purpose of Court fee and jurisdiction as per the sale consideration of the suit property as mentioned in the sale deed.