FIRANGI LAL RAMJIDAS Vs. JHANWAR LAL

JUDGEMENT

(1.) THIS revision petition has been filed by the defendant-tenant being aggrieved of the order dated 24. 7. 2009 whereby the learned trial court has rejected the application under Order 7 Rule 11 c. P. C. of the defendant.

(2.) THE learned counsel for the petitioner-defendant submitted that since the Court fees in question was paid less and also the concerned Court lacked pecuniary jurisdiction since the arrears of mesne profit demanded by the plaintiff landlord would be beyond the pecuniary jurisdiction limit of the said Court, therefore, the learned trial court has erred in rejecting the said application under Order 7 rule 11 C. P. C. which can be filed at any stage in view of the decision of Hon'ble Supreme Court in the case of I. T. C. Limited Vs. Debts recovery Appellate Tribunal and others AIR 1998 SC 634.

(3.) A perusal of the impugned order shows that the learned trial court has rejected the said application relying upon the decision of this Court in case of Shri Sainik Kshetriya Mali Samaj Vs. Shri baba Ramdeo Samiti and Ors.- 2009 (1) DNJ 392 and held that since the issue issue No. 3 relating to Court fees is already framed by the learned trial court in the said suit, therefore, the said question can be decided in that issue.