KAMLA Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This revision has been preferred against the order dated 25.9.2000, by which the learned trial Court has refused to try the preliminary issue as to whether the non-petitioner/plaintiff has paid the required court fee in the case for the suit for pre-emptory rights and declaration at the initial stage.

(2.) While filing the suit seeking reliefs including declaration of sale deed as null and void, though the property had been valued for the purpose of jurisdiction and court fee at Rs. 2,00,000/-, but the court fee of Rs. 200A only has been paid. Petitioner-defendant filed an application that issue No. 6 regarding payment of adequate court fee may be decided as the preliminary issue at the initial stage as required under O. 14 R. 2 of the Code of Civil Procedure, 1908 (for short, "the Code"), which has been rejected by the learned trial Court. Hence this revision.

(3.) It has been submitted by Mr. Suresh Shrimalee, learned counsel for petitioners, that the learned trial court has committed a material irregularity in exercising its jurisdiction while not taking into consideration the provisions of O. 7 R. 11 of the Code, which empowers the Court to reject the plaint if it comes to the conclusion that the proper court fee has not been paid and .nspite of determination of issues and direction to make the deficiency good in a given time. The provisions of the Code has to be read as a whole. Moreso, the provisions of O.14 R.2 provide for determination of preliminary issue at the initial stage