Back
JYOTSNA REWAL DUA
Shakuntala Devi – Appellant
Versus
Kewal Singh – Respondent
JUDGMENT
Jyotsna Rewal Dua, J.—Challenge in this petition is to the order 03.06.2024 whereby petitioners’ (defendants’) application under Order 7 Rule 11 of Civil Procedure Code (CPC) was dismissed.
2. From the case file, it appears that the civil suit instituted by respondent No.1 in the year 2014, was at the stage of recording of evidence.
2 (i) Plaintiff (respondent No.1) adduced his evidence; Statement of plaintiff’s witness No.10 (PW-10) was recorded. He exhibited a spot map (Ext. PW-10/A) reflecting reproduction cost of Rs. 41,06,286/-. Plaintiff closed his evidence.
2 (ii) At that stage, the defendants moved an application under order 7 Rule 11 read with Section 151 CPC for rejection of the plaint on the ground that the same was insufficiently stamped; proper court fee had not been affixed.
Defendants’ application for rejection of plaint was dismissed by the learned Trial Court on 03.06.2024. Feeling aggrieved, the defendants have invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
3. Heard learned counsel for the petitioners (defendants) & considered the case file.
4. The application under Order 7 Rule 11 CPC was moved by the pe
Merely on the basis of spot map or statement of plaint cannot be rejected on the ground of it having been insufficiently stamped or for want of affixing proper court fee.
A written statement is not required for a defendant to file an application under Order VII Rule 11 regarding court fee adequacy.
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.
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....
Unauthorised amendments cannot be the sole basis for rejecting the plaint under Order 7, Rule 11 of the CPC. Plaintiffs should be given an opportunity to correct the valuation before the plaint can b....
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.
The main legal point established in the judgment is that the power under Order VII Rule 11 of CPC should be exercised based on the statements made in the plaint itself and documents appended thereto,....
The Court has the discretion to extend the time for deposit of the court fee, and once the court fee is paid within the extended time, it would be treated as having been paid at the first instance.
The main legal point established in the judgment is the permissibility of amendments at any stage of the proceedings, the necessity of amendments for determining the real questions in controversy, an....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
