JUDGMENT

Harkesh Manuja, J. (Oral) - CM-11504-CII-2022

Application is allowed as prayed for.

Main case

By way of present revision petition, challenge has been made to an order dated 04.08.2022 passed by the trial court, whereby an application filed at the instance of petitioner-defendant No.1, seeking rejection of plaint under Order 7 Rule 11 of the CPC for want of adequate court fee, has been dismissed.

2. The facts of the present case are that respondent No.1-plaintiff filed a suit for declaration as well as joint possession and permanent injunction qua two properties marked by letters 'X' and 'Y' and detailed in the plaint. It would be relevant to mention here that the property marked as 'X' in the plaint is the agricultural land whereas the property marked as 'Y' is the residential house. The relevant portion from prayer clause made in the plaint as regards joint possession is reproduced hereunder for reference:-

'...and for joint possession of the plaintiff over 3/8th share of the suit property, mentioned at letters 'X' and 'Y' above along with defendants No. 4 and 5;..'.

3. Upon notice, petitioner-defendant No.1 moved an application under Order 7 Rule 11 of the CPC with a prayer for