High Court of Punjab and HaryanaCR/8780/2017disposed of

Management Committee Gurudwara Sri Teg Bahadur Patshahi Nauvi Through Its President v. Gurcharan Singh And Another

2018-02-16Mr. Justice Arun Monga2 pages

CR No.8780 of 2017 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.8780 of 2017 (O&M) Date of decision:16.02.2018 Management Committee Gurudwara Sri Guru Teg Bhadaur Patshahi Nauvi Maur Kalan ... Petitioner Vs.

Gurcharan Singh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. A.P.Kaushal, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The petitioner-defendant is aggrieved of the impugned order dated 18.02.2017, vide which the application filed under Order 7 Rule 11 of Code of Civil Procedure for rejection of the plaint due to non-payment of court fee, has been dismissed.

Mr. A.P.Kaushal, learned counsel for the petitioner submitted that possession is not of suit land which is subjected to land revenue but with regard to building, therefore, ad valorem court fee is required to be paid. This fact has not been noticed by the trial Court, thus, there is illegality and perversity in the order under challenge. I have heard the learned counsel for the petitioner-defendant and appraised the paper book.

Savita 2018.02.22 08:55 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.8780 of 2017 (O&M) {2} It is settled law that for adjudication of the application filed under Order 7 Rule 11 CPC, the averments made in the plaint have to be seen. On going through the averments made in the plaint (Annexure P-4), it is evident that defendant has not taken a stand with regard to constructed portion. It would be open for the petitioner-defendant to bring all the facts during the trial of the suit, in case some evidence with regard to constructed portion comes on record.

As regards maintainability of the suit by Mahant, petitionerdefendant shall also be at liberty to press for framing of issue qua maintainability, in accordance with law.

While upholding the order under challenge, revision petition stands disposed of.

(AMIT RAWAL) JUDGE February 16, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.02.22 08:55 I attest to the accuracy and integrity of this document High Court Chandigarh