Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2778 (RAJ)

Bodu Lal Agarwal v. Nemichand Omprakash

2019-11-01

ABHAY CHATURVEDI

body2019
JUDGMENT : Abhay Chaturvedi, J. 1. Instant revision petition has been preferred against the order dated 12.10.2018 passed by the learned Civil Judge, Kuchaman City, district Nagaur in Civil Original Suit No. 24/2017, whereby the application submitted by the petitioner - defendant under Order 7 Rule 11 CPC was dismissed. 2. Brief facts of the case are that the respondent - plaintiff filed a suit against the petitioner - defendant for eviction of the shop, recovery of possession, payment of arrears of rent and mesne profit before the court below. The petitioner filed written statement to the plaint and denied the allegations made in the plaint and further prayed for dismissal of the suit. 3. During the pendency of the suit, the petitioner submitted an application under Order 7 Rule 11 CPC alleging therein that the market value of the shop in question is more than Rs. 20 Lacs. The plaintiff has sought relief of eviction of the shop and handing over the possession of the same to the plaintiff and it was submitted that the court fees paid by the plaintiff was insufficient, therefore, prayer was made that the suit and the plaint be rejected under the provisions of Order 7 Rule 11 CPC. After hearing the learned counsel for the parties, the court below dismissed the application of the petitioner-defendant by holding that the Court Fee submitted by the plaintiff is sufficient and on the basis of the pleadings of the parties, the Issue No. 6 has been framed, which covers the point of valuation of the suit and the same will be decided after evidence of the parties. Aggrieved against the order impugned, the petitioner - defendant has preferred this revision petition. 4. Heard learned counsel for the petitioner. 5. The petitioner has raised the question of insufficiency of the Court Fee filed by the respondent - plaintiff as well as the valuation of the suit property. The trial court has already framed the issue regarding the valuation of the suit property and the Court Fee, which will be decided after the evidence of both the parties. At this stage, the point raised by the petitioner in the application under Order 7 Rule 11 CPC cannot be decided. Thus, this Court finds no illegality in the order passed by the court below. Hence, the revision petition is dismissed being devoid of any force.