DIGVIJAY SINGH Vs. PRITHVIRAJ SINGH

JUDGEMENT

(1.) The instant civil revision petition under Sec. 115 of the CPC has been filed by the petitioners-defendants against the order dtd. 26/10/2023 passed by learned Additional District Judge No. 3, Bikaner (hereinafter referred to as the learned Trial Court) in Civil Original Case No. 8/2020 whereby the learned Trial Court dismissed the application filed by the petitioner-defendant no. 1 under Order 7 Rule 11 read with Sec. 151 of the CPC.

(2.) Learned counsel for the petitioner submits that the learned Trial Court has erred in law while passing the impugned order. It is submitted that under the provisions of Sec. 35(1) of the Rajasthan Court Fees and Suits Valuation Act, 1961, the respondents-plaintiffs have not paid the requisite court fees in accordance with the valuation of the suit property and thus, the plaint is liable to be rejected. It is submitted that the learned Trial Court while dismissing the application under Order 7 Rule 11 CPC has completely ignored this aspect of the matter. Thus, it was prayed that the present revision petition may be allowed and the impugned order dtd. 26/10/2023 may be quashed and set aside and the application filed by the petitioner under Order 7 Rule 11 read with Sec. 151 CPC be allowed.

(3.) Heard learned counsel for the petitioner and perused the material available on record.