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SURAJ GOVINDARAJ
Admar Mutt Kaliya Mardana Krishna Devaru – Appellant
Versus
Vishalakshi – Respondent
ORDER :
1. The petitioner is before this Court seeking the following reliefs:
b) Set aside the Order dated 28.11.2023 (Annexure A) passed by the Court of II Additional Senior Civil Judge and ACJM, Udupi on I.A. No.V in O.S.No.138/2020, and consequently allow I.A.No.V in O.S.No.138/2020 in the interest of justice and equity.
c) Grant costs of the proceedings;
d) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case.”
2. Petitioner had filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint filed in O.S. No.138/2020 on the ground that the said plaint is not properly valued and a proper Court fee has not been paid. The application came to be rejected by the impugned order dated 28.11.2023 on the ground that a written statement had not been filed by the petitioner, who is defendant No.3 and without a claim being raised in the written statement as regards the adequacy or otherwise of the Court fee, an application under Order VII Rule 11 of the Code of Civil Procedure c
A written statement is not required for a defendant to file an application under Order VII Rule 11 regarding court fee adequacy.
Merely on the basis of spot map or statement of plaint cannot be rejected on the ground of it having been insufficiently stamped or for want of affixing proper court fee.
Trial courts must adjudicate proper valuation and allow time for fee remittance rather than dismissing suits prematurely.
The issue of proper court fees being paid is essentially an issue between the plaintiff and the State, and the defendant cannot be termed as an 'aggrieved party' to invoke the revisional jurisdiction....
The trial court should not close the opportunity of filing the written statement while deciding the application under Order 7 Rule 11 CPC.
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
The court emphasized the importance of jurisdiction and the limitations on the defendant's right to move superior courts against the order adjudging payment of court-fee payable on the plaint.
Section 70 of the Act comes into play only when there is no adjudicatory process.
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