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HARSIMRAN SINGH SETHI
Sunder Pal – Appellant
Versus
Raj Kumar @ Raja Ram – Respondent
HARSIMRAN SINGH SETHI, J.
1. Present revision petition has been filed challenging order dated 06.04.2017 passed by the Civil Judge (Junior Division), Kaithal by which, application moved by the petitioner-defendant No.2 under Order 7 Rule 11 of the CPC for the rejection of the plaint being undervalued was dismissed.
2. Learned counsel for the petitioner-defendant No.2 argues that as per the settled principle of law, Court fee required to be paid was not paid the respondent-plaintiff, which itself makes the suit non-maintainable hence, the reasons given by the Court below in the impugned order dated 06.04.2017 are incorrect and the impugned order is liable to be set aside and application filed by the petitioner-defendant No.2 is liable to be allowed.
3. Learned counsel for the respondents on the other hand submits that the present revision petition is not maintainable keeping in view the judgment of the Hon’ble Supreme Court of India in Civil Appeal No.624-1960 titled as Sri Rathnavarmaraja vs. Vimla decided on 27.02.1961 wherein, it has been held that where an application filed by defendant for rejection of the plaint under Order 7 Rule 11 of the CPC for inadequate Court fee has been r
The fixation of court fee is a matter between the plaintiff and the State, and the defendant has no right to move the superior court by appeal or in revision against the order adjudging payment of co....
A revision petition regarding inadequacy of court fee is not maintainable when jurisdiction is not in question, as it is deemed a dispute between the litigant and the Registry.
The issue of proper court fees being paid is essentially an issue between the plaintiff and the State, and the defendant cannot be termed as an 'aggrieved party' to invoke the revisional jurisdiction....
The court emphasized the importance of jurisdiction and the limitations on the defendant's right to move superior courts against the order adjudging payment of court-fee payable on the plaint.
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
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