2010(2) LAW HERALD (P&H) 982
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L.N. Mittal
Civil Revision No. 6115 of 2009
Satpal & Anr.
v.
Radhey Shyam & Ors.
{Decided on 04/03/2010}
For the Petitioner: Mr. GS Punia, Advocate.
For the Respondent nos. 1 and 2: Mr. Vishal Gupta, Advocate,
For he Remaining Respondents: None.
IMPORTANT POINT
Rejection of plaint--Plaint cannot rejected on ground that ad-valorem court fee on market value of suit property was not paid
(A) Civil Procedure Code, 1908, O. 7, R.11--Civil Procedure Code, 1908, O. 6 R.17--Rejection of plaint--Amendment of plaint--Plaintiffs sought relief of joint possession of suit property to extent of half share and sought partition of suit property and permanent injunction--Plaint cannot be rejected because plaintiffs have pleaded that they are owners and in joint possession of property to extent of half share--Moreover, Plaintiffs clarified their position in reply to application as to how they became owners of half share of suit property--Even according to jamabandi plaintiff no. 1 has share in suit property--Plaintiff no. 2 claims to have got share in suit by way of gift and entry to their effect is also made in jamabandi--Consequently plaintiffs have been rightly allowed to amend plaint to this effect--However plaintiffs are subjected to cost RS.2000/- for amendment of plaint. (Para 6)
(B) Civil Procedure Code, 1908, O. 7, R.11--Rejection of plaint--Plaint cannot rejected on ground that ad-valorem court fee on market value of suit property was not paid--Issue of valuation of court fee can be decided only after framing of issue and recording of evidence. (Para 7)
