JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Defendants moved an application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure for rejection of plaint on account of filing less amount of Court fee by the plaintiff. The application was dismissed by the learned Trial Court on 31.01.2013. This order of learned Trial Court has been questioned by the defendants in the instant petition preferred under Article 227 of the Constitution of India.

2. Facts:-

2(i). Civil Suit was filed by the respondent in the year 2011 with the averments that:-

(a). Suit land measuring 00-76-52 hectares was owned and possessed by her father late Sh. Satdev, who was also holder of account Nos. i.e. A/c No.492934 in Post Office, Una having an amount of Rs.65,922/- and A/c No.367 in Basoli Agricultural Service Co-operative Society having an amount of Rs.7,64,471/-.

(b). Parents of the plaintiff were divorced. Though the custody of the plaintiff remained with her father, however, finding constant watch and care of the little child/plaintiff difficult and owing to his strained relations with other family members, Sh. Satdev had entrusted the wellbeing of the plaintiff with her maternal uncle.

(c). Decease