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2013 DIGILAW 1001 (PNJ)

Rahul v. Triveni Infrastructure Development Company Ltd.

2013-08-05

L.N.Mittal

body2013
JUDGMENT Mr. L.N. Mittal, J. (Oral):- Plaintiffs have filed this revision petition under Article 227 of the Constitution of India impugning order dated 10.6.2011 Annexure P/4 and order dated 22.7.2011 Annexure P/5 passed by the trial court. Vide order Annexure P/4, the trial court directed the plaintiffs to pay ad valorem court fee on sale consideration of the sale deed under challenge, on or before 22.7.2011 failing which the suit shall be liable to dismissal. 2. Vide order Annexure P/5, the plaint has been rejected due to non-payment of ad valorem court fee. Vide order dated 20.3.2013, counsel for the petitioners was directed to satisfy the Court as to how the revision petition is maintainable because order Annexure P/5 is appealable. 3. I have heard counsel for the petitioners and perused the case file. 4. Rejection of plaint vide order Annexure P/5 comes within the definition of ‘decree’ as defined in section 2 sub section (2) of the Code of Civil Procedure (in short, CPC). Consequently, under section 96 CPC, appeal would lie against order Annexure P/5 which comes within the definition of decree. Since order Annexure P/5 is appealable by way of regular first appeal, the instant revision petition is not maintainable. 5. Consequently, without going into merits of the case, the instant revision petition is dismissed as not maintainable with liberty to the petitioners to file appeal against order Annexure P/5 and in the said appeal, the petitioners shall also be at liberty to challenge order Annexure P/4. Pending civil miscellaneous application, if any, stands disposed of as infructuous. ---------0.B.S.0------------