MANGI Vs. MALKU KHAN

JUDGEMENT

(1.) The present second appeal has been filed against the judgment and decree dtd. 1/8/2022 passed by the Additional District Judge No. 2, Bikaner whereby the appeal of the appellant/ plaintiff has been dismissed and the judgment and decree dtd. 8/4/2015 passed by the Additional Sr. Civil Judge No.4, Bikaner has been confirmed vide which the application under Order VII Rule 11 C.P.C. filed by the defendants was allowed and consequently, the suit was dismissed.

(2.) The application under Order VII Rule 11, C.P.C was preferred by the defendants/respondents mainly on two grounds: firstly, that the suit was barred by limitation and secondly, that the suit was filed on insufficient Court fees and if the suit is valued on the proper Court fees, the Court would have no pecuniary jurisdiction to hear the matter.

(3.) So far as allowing of the application on the second ground is concerned, this Court is of the specific opinion that the suit could not have been dismissed on the ground that the Court would not have the pecuniary jurisdiction to hear the matter.