Research › Search › Judgment

Punjab High Court · body

2013 DIGILAW 1453 (PNJ)

Rajpal v. Parkash

2013-11-07

Paramjeet Singh

body2013
JUDGMENT Mr. Paramjeet Singh, J. (Oral):- Instant civil revision has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 27.04.2013 (Annexure P-7) passed by learned Civil Judge (Jr. Divn.), Ludhiana whereby application under Order VIII Rule 6-C of the Code of Civil Procedure, 1908 for exclusion of counter-claim set up by defendant no.2 in her written statement, moved by the petitioners-plaintiffs has been dismissed. 2. I have heard learned counsel for the petitioners and perused the record. 3. Vide impugned order dated 27.04.2013, the trial Court after perusing the documents and pleadings has rightly come to the conclusion that counter-claim is with regard to the same very property, therefore, application of the petitioners-plaintiffs for excluding the counter-claim has been dismissed. 4. In the application, the petitioners have raised objection with regard to court fee which reads as under: “x) That the counter claim also deserves to be excluded as the same is not properly valued for the purpose of court fee and jurisdiction and no proper court fee has been affixed on the counter claim.” 5. Learned counsel for the petitioner contends that counterclaim shall be excluded for non-payment of court fee. 6. From the perusal of this objection, it is not clear that what is the market value of the property which is subject matter of counter-claim according to the petitioners-plaintiffs and how much court fee is deficient. In fact, the trial Court has not decided the issue, rather has observed that the court fee has been filed along with the counter-claim and if at all the same is found deficient, the counter-claimant/defendant no.2 can be directed to make it good. The trial Court has rightly observed that on the basis of this ground, the counter-claim cannot be excluded. 7. In view of above, I do not find any illegality or perversity in the impugned order. 8. Dismissed in limine. ---------0.B.S.0------------