CHIRANJI LAL Vs. SARDARMAL

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the order dated 18th August, 2011, whereby the learned Additional District Judge, Khetri dismissed the application filed by the defendant-petitioner under Order 7 Rule 11 CPC.

(2.) HAVING heard the learned counsel for the petitioner it is noticed that the defendant-petitioner moved the application under Order 7 Rule 11 of CPC for dismissing the plaint, but the learned trial court dismissed the application observing that the objection with regard to court fee raised by the defendant-petitioner, could have been adjudicated only after the evidence being led by both the parties because it was a mixed question of fact as well as law.

(3.) FOR the reasons stated above, the writ petition fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed.