SUMAN SAINI Vs. ADDI DISTRICT AND SESSION

JUDGEMENT

(1.) THE present petition has been filed by the petitioner-defendant No.1 challenging the legality and validity of the order dated 25.11.11 passed by the Addl. District & Sessions Judge, Court No.1, Sikar (hereinafter referred to as 'the trial court') in civil suit No. 132/11 (52/11) whereby the trial court has rejected the application of the petitioner filed under Order VII Rule 11 of CPC.

(2.) IT has been submitted by the learned counsel for the petitioner that the petitioner-defendant No.1 had filed the application seeking rejection of the plaint under Order VII Rule 11 of CPC on the ground that the respondent Nos. 2 and 3 (original plaintiffs) had not paid up the sufficient court fees and that the civil court did not have jurisdiction to entertain the suit. Relying upon the judgment of the Apex Court in case of Suhrid Singh Vs. Randhir Singh (2010) 12 SCC, 112, the learned counsel has submitted that in the instant case the plaintiffs have specifically prayed for the prayer for cancellation of the registered sale-deed and, therefore, the plaintiffs were required to pay the court fees on the market value of the property as per the provisions contained in the Rajasthan Court Fees Act.