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2025 Supreme(Online)(P&H) 4035

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta, J
Hakam Singh @ Hukam Singh – Appellant
Versus
Jang Singh & Others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Parminder Singh
For the Respondents:

NIDHI GUPTA, J.

Present Civil Revision Petition has been filed by the defendant under Article 227 of the Constitution of India , for setting aside the order dated 26.05.2025 (Annexure P9) passed by the trial court, whereby application filed by the petitioner under Order 7 Rule 11 CPC either for rejection of plaint and for framing the necessary issues, has being dismissed. 2. Learned counsel for the petitioner at the very outset submits that the present Revision Petition is being pressed only qua the issue of framing of additional issue; and no prayer is being made for rejection of the plaint on ground of non-deposit of Court fee. It is submitted that as per the pleaded facts in the plaint and denied by the other in the written statement, it was incumbent upon the learned trial Court to at least frame an issue in respect of the Court fee payable by the respondent/plaintiff. By way of impugned order both the prayers have been rejected, and the impugned order therefore suffers from patent illegalities and jurisdictional error in the eyes of law.

3. It is further submitted that as also stated in the Revision Petition, vide impugned order dated 26.5.2025, the Learned Trial Court has wro

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