Ashok Satyappa Jadhav And ORS. v. Jan Mohammad Kamruddin Momin And ORS.
DSS 50-wp-2899-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2899 OF 2015 Ashok S. Jadhav & ors.
.. Petitioners vs.
Jan Mohammad Kamruddin Momin and ors.
.. Respondents Mr. T.S. Ingale i/b Mr. Nagesh Chavan for the Petitioners. CORAM :
M. S. SONAK, J.
DATE : 23 MARCH, 2015.
P.C. : 1] The order made in Civil Revision Application No. 108 of 2015 will govern the present petition, as well.
2] In view of the reasoning therein, this petition is not entertained. Besides, in a situation where an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC) is rejected, a revision application would lie under Section 115 of the CPC. This is an additional reason not to entertain the present petition.
3] The learned counsel for the petitioners, however, points out that in the present case, rejection of plaint was applied for on the grounds of under valuation and consequent nonpayment of appropriate Court Fees. The impugned order has not adverted to this aspect at all.
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DSS 50-wp-2899-15 4] In view of the aforesaid, this petition is dismissed. However, liberty is granted to the petitioners to take out a fresh application for rejection of the plaint on the ground that the suit is under valued or insufficiently stand. If such an application is taken out, then within a period of two weeks from today, learned Civil Judge to consider and decide the same in accordance with law.
5] It is made clear that this Court has not examined the issue or expressed any opinion with regard to the merits or demerits of the plea based upon under valuation or sufficiency of Court Fee. 6] With the aforesaid observations, this petition is dismissed. There shall be no order as to costs.
7] All parties to act upon an authenticated copy of this order. (M. S. SONAK, J.) dinesh 2/2