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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Sudesh Rani – Appellant
Versus
Usha Rani – Respondent
| Table of Content |
|---|
| 1. jurisdiction and court fee issues (Para 1) |
| 2. precedent on court fee disputes (Para 2) |
| 3. withdrawal and plea considerations (Para 3 , 4) |
| 4. dismissal with liberty granted (Para 5) |
JUDGMENT :
VIKAS BAHL, J.
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 06.09.2022 (Annexure P-4) passed by the Civil Judge (Jr.Div.), Sri Anandpur Sahib, vide which the application under Order 7 Rule 11 CPC filed by the petitioners-defendants no.1 and 3 for rejection of plaint has been dismissed.
2. A Co-ordinate Bench of this Court in case titled as “ Arun Kumar Goyal Vs. Payal Aggarwal , reported as 2013(4) R.C.R. (Civil) 93 had observed that no revision would lie at the instance of the defendant against the decision on the question of inadequacy of court fee as the question of non-payment of Court fee is a dispute between the litigant and the Registry. Reliance in the said judgment was placed upon various judgments. Paras No.9 and 10 of the said judgment are reproduced as under:-
“9. Admittedly, the dispute is of the court fee. Learned counsel for the respondent before raising any argument on the merits
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....
Court fee issues to be decided during trial; pecuniary jurisdiction upheld despite valuation dispute.
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.
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