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2017 Supreme(P&H) 650

RAMESHWAR SINGH MALIK
Bharpoor Singh – Appellant
Versus
Lachhman Singh – Respondent


Advocates:
For the Petitioners:Mr. Hitesh Ghai, Advocate.

JUDGMENT

Mr. Rameshwar Singh Malik, J.: (Oral) - Instant civil revision, at the hands of defendant, is directed against the impugned order dated 7.11.2016 (Annexure P-5) passed by learned trial court, dismissing the application of the petitioners-defendants under Order 7 Rule 11 of the Code of Civil Procedure (‘CPC’ for short), seeking rejection of plaint or in the alternative directing plaintiff to pay ad valorem court fee.

2. Heard learned counsel for the petitioners.

3. Placing reliance on the following judgments of this Court, learned counsel for the petitioner submits that learned trial court misdirected itself, while passing the impugned order, which has resulted in miscarriage of justice. He further submits that in the circumstances of the case, learned trial court ought to have rejected the plaint or in the alternative, plaintiff- respondent ought to have been directed to pay ad-valorem court fee. He prays for setting aside the impugned order, by allowing the present revision petition. Judgments relied upon are as under:-

M.S.Chemical Industries Ltd. Vs. Hindustan Commercial Bank Ltd., 1956 AIR (Punjab) 214.

Jatinder Nath Sharma and another VS. Vijay Gupta and another, 2006







































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