JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

This writ petition filed under Article 227 of the Constitution of India is directed against the order dated 25.08.2020 passed by the learned Civil Judge (East) Jaipur Metropolitan-I, Jaipur whereby, while entertaining the objection raised by the defendants as to insufficiency of court fee, the petitioners-plaintiffs have been directed to pay sufficient court fee after proper valuation of the suit as per market value of the property.

2. Assailing the order, learned counsel submitted that in absence of written statement, the defendants could not have raised objection as to insufficiency of court fee. He submitted that sufficient court fee was paid as it was on the basis of the amount paid by the plaintiffs to the defendant No. 4. He further submitted that the sufficiency of court fee is a mix question of law and fact and in absence of any evidence in this regard, the learned trial Court could not have held the court fee paid by them to be insufficient. He, therefore, prayed that the order impugned dated 25.08.2020 be quashed.

3. Heard learned counsel for the petitioner and perused the record.

4. It is trite law that the defendant can maintain an applic