Ajay Mohan Goel, J.

1. By way of this petition, filed under Article 227 of the Constitution of India, the petitioner/defendant No.4 has challenged the order passed by learned Civil Judge, Manali, District Kullu, H.P. in Civil Suit No.170 of 2018, in terms whereof, an application filed by the petitioner under Order 7, Rule 11 of the CIVIL PROCEDURE CODE for rejection of the plaint has been dismissed, but with the observation that the plaintiffs was to affix appropriate Court fee over the file as per Rules.

2. Brief facts necessary for the adjudication of this petition are that respondents No.1 and 2/plaintiffs (hereinafter referred to as the ‘plaintiffs’) have filed suit against the petitioner as well as other proforma respondents herein, which is pending adjudication before the learned Civil Judge at Manali. As per the plaintiffs, the suit land measuring 7-16 bighas, situated in Phati Burva Kothi, Tehsil Manali, District Kullu, H.P. was earlier owned and possessed by Shri Manglu, father of plaintiff No.1 and grand-father of plaintiff No.2. Manglu was an illiterate person who had two sons i.e. plaintiff No.1 and Likhat Ram, father of plaintiff No.2. After the death of Likh