Order on Board

03 /10/2023

1. Applicant has filed revision under Section 115 of the CPC, being aggrieved by the impugned order dated 08.08.2023 passed by learned 2nd Civil Judge, Class-I, Jagdalpur, (C.G.) in Civil Suit No. 26A/2011 whereby the Court below has dismissed the application filed under Order 7 Rule 11 of the CPC by the applicant.

2. Brief facts of the case, as projected by the applicant are that the applicant/defendent No.1 on the ground that the plaintiff had not valued the suit properly and did not affix proper Court fees, filed an application under Order 7 Rule 11 of CPC before the trial Court and the learned trial Court holding that the suit was properly valued and proper Court fees was affixed and therefore, rejected the said application. Hence, this revision has been filed for the following reliefs:-

(a) To kindly set aside the order dated 08.08.2023 whereby the learned trial Court has dismissed the application under Order 7 Rule 11 CPC.

(b) To kindly hold that the plaint is liable to be rejected since proper Court fees was not paid and proper valuation was not done by the plaintiff and therefore, the application under Order 7 Rule 11 CPC deserves to be allowed.

(c) An