Digitally signed by NAFR SHAYNA KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 242 of 2025

1 - Jk Lakshmi Cement Limited Malpurkhurd, Ahirwara, Tehsil Dhamdha, District Durg Chhattisgarh........Defendants No. 3 ... Applicant versus

1 - Derhin Bande W/o Roshan Lal Bande Aged About 45 Years Girhola, Tahsil Dhamdha, District Durg Chhattisgarh

2 - Radhika Chandel W/o Bhuvan Lal Chandel Aged About 55 Years Silli, Po Tumakala, Tahsil Dhamdha, District Durg Chhattisgarh

3 - Gautarhin W/o Gangaprasad Aged About 50 Years Aheri, Post Dhaur, Via. Jamul Tahsil Dhamdha, District Durg Chhattisgarh.....Plaintiffs

4 - Shatruhan Banjare And Athers S/o Pyarelal Banjare Aged About 60 Years Malpurikhurd, Post Ahiwara, Tahsil Dhamdha, District Durg Chhattisgarh

5 - Vedbati Devi W/o Padam Singh Aged About 45 Years Siddharth Agriculture Farm, Ward No. 3, Ahiwara, District Durg Chhattisgarh, Present Residence Royalgreen Junwani, Bhilai, Tehsil 7 District Durg Chhattisgarh ......Defendant No. 1 And 2

6 - Dashoda Bai Barle W/o Lt. Sjhyam Barle Aged About 75 Years Banbard, Post Nandani, Tahsil Dhamdha, District Durg Chhattisgarh

7 - Triveni Baghel W/o Gajanand Baghel Aged About 65 Years Achoti, Post Godhi, Tahsil Dhamdha, District Durg Chhattisgarh

8 - Nemin Chaturvedi W/o Narayan Chaturvedi Aged About 45 Years Patharia, Post Nandini Khundni, Tahsil Dhamdha, District Durg Chhattisgarh....Defendant No. 4 To 6

9 - (1) Dileep Joshi S/o Lt. Ramlal Joshi Aged About 40 Years Panchdevi, Post And Police Station Kumhari, Tahsil And District Durg Chhattisgarh

10 - (2) Puniabai W/o Lekhram Aged About 50 Years Dhansuli, Thana Mandir Hasaud, District Raipur Chhattisgarh

11 - (3) Jagjivan Aged About 36 Years, Panchdevi, Post Kapsada, District Durg Chhattisgarh

12 - (4) Punita W/o Surendra Markandey Aged About 35 Years Okhara, Ps Nandini, District Durg Chhattisgarh

13 - (5) Sushila W/o Dileep Banjare Aged About 34 Years Ringani, Ps Nandini, District Durg Chhattisgarh

14 - (6) Jayprakash Soni Aged About 30 Years Panchdevi, Post Kapsada, Ps Kumhari District Durg Chhattisgarh

15 - (7) Chhatrapal Panchdevi Post Kapsada, Ps Kumhari, District Durg Chhattisgarh

16 - (8) Durpati W/o Nitesh Aged About 30 Years Khangharpath Ps Berla, District Bemetara Chhattisgarh

17 - (9) Khileshwar S/o Shrawan Aged About 27 Years Tadha, Ps Charoda, District Raipur Chhattisgarh

18 - (10) Mamta D/o Shrawan Aged About 20 Years Tadha, Ps Pasouda Dharsiva, District Raipur Chhattisgarh .......Defendant No. 7 To 16

19 - State Of Chhattisgarh Through Collector, District Durg Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Applicant : Mr. N. Naha Roy, Advocate For State : Mr. Hariom Rai, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

06/01/2026

1. The present civil revision has been filed being aggrieved by the impugned order dated 09.01.2023 passed by the learned II^nd Additional Judge to the First Civil Judge, Class-I, Durg, District Durg (C.G.), in Civil Suit No. Class-A/15/2022, whereby the application preferred by the revisionist under Order VII Rule 11(b) of the Code of Civil Procedure, 1908 read with Section 7(v-a)(b) of the Court Fees Act, 1870 was rejected. The learned Court below has failed to exercise jurisdiction vested in it by law by declining to decide a pure question of law relating to valuation of the suit and payment of proper court fee as a preliminary issue and has instead erroneously treated the same as a mixed question of fact and law, thereby compelling the revisionist to invoke the revisional jurisdiction of this Court to prevent failure of justice.

2. The facts of the case, in brief, are that the applicant is a company duly incorporated under the provisions of the Companies Act and is engaged in the business of manufacturing cement. In the course of its business activities, the applicant established a large- scale cement manufacturing unit at the place mentioned in the cause title, pursuant to a Memorandum of Understanding date