JEEVAN RAM Vs. LRS OF JORARAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.12.2019 passed by the Additional District Judge No.3, Bikaner, whereby the application filed by the petitioner under Sections 10 & 11 of the Rajasthan Court Fees & Suit Valuation Act,1961 ('the Court Fees Act') and under Order VII, Rule 11 CPC, have been rejected.

(2.) The suit was filed by the respondent No.1 seeking permanent injunction, inter-alia, on the ground that he was in possession of the suit property and that the defendant Nos. 1 to 5 came on the suit land alongwith one Ramnarayan and threatened that he will be dispossessed. Based on the said submission, prayer for permanent injunction was made in the suit.

(3.) The petitioner and other defendants filed an application under Sections 10 & 11 of the Court Fees Act, inter-alia, on the ground that the court fees paid was deficient and therefore, the suit was liable to be dismissed and application under Order VII, Rule 11 CPC, claiming that the plaint was barred by law and as the plaint did not disclose any cause of action, the same was liable to be rejected.