1. Rule. Heard forthwith by consent of parties.

2. Petitioners (original plaintiffs) filed Special Suit No. 325 of 2013 for declaration, cancellation of sale deed and restoration of possession and permanent injunction before the Civil Judge, Senior Division, Nagpur.

3. Respondents/defendants filed application (exhibit 14) for rejection of plaint under Order VII rule 11 of the Code of Civil Procedure on the ground that even though plaintiffs have, interalia, sought for relief of restoration of possession the suit property value of which is Rs. 34 lacs, still he has paid court fee only on Rs. 7 lacs. Petitioners/plaintiffs opposed the said application.

4. Learned trial Judge instead of deciding the question as to whether petitioners/plaintiffs have valued the suit for the purposes of jurisdiction of court and for payment of court fees, directed plaintiffs to delete prayer clauses I and IV contained in the plaint. This order is under challenge in this writ petition.

5. Heard learned counsel for the parties at length. Perused plaint, application, reply thereto and impugned order passed by the trial Court. I have gone through the relevant provisions of the Maharashtra Court Fe