MOHAN LAL Vs. FIRM LODHA FABRICS AND ORS.

JUDGEMENT

(1.) THIS petition is directed against order dated 6.5.15 passed by the District Judge, Pali, dismissing an appeal preferred by the petitioner/plaintiff against the order dated 29.4.11 passed by the Civil Judge (S.D.), Pali in Civil Suit No. 3/01, returning the plaint for institution in the court in which the suit should have been instituted.

(2.) LEARNED counsel appearing for the parties submit that the respondents No. 3 to 5 are not the contesting respondents and therefore, service upon them may be dispensed with. Ordered accordingly.

(3.) THE relevant facts are that the plaintiff filed a suit for declaration and permanent injunction against the respondents/defendants, before the Civil Judge (S.D.), Pali in the year 1998, in respect of a house situated at Pali. The suit was being contested by the defendant No. 1 and 2 (hereinafter referred to as "the defendants") by filing a written statement thereto. The property subject matter of the suit was valued by the plaintiff at Rs. 80,000/ - and accordingly, the court fee of Rs. 2,065/ - was paid on one -half of the value of the property as per provisions of Section 24(b) of Rajasthan Court Fees & Suit Valuation Act, 1961.