Ravi Mohan Malhotra v. Balbir Singh Sandhu And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CR No. 4467 of 2022 Date of decision : 17.10.2022 Ravi Mohan Malhotra ......Petitioner Vs.

Balbir Singh Sandhu and others ......Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Ms. Isha Goyal, Advocate, for the petitioner --- TRIBHUVAN DAHIYA , J. (Oral) This revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 19.9.2022 (Annexure P-4), whereby the petitioner/defendant's application for rejection of plaint under Order VII Rule 11 CPC has been dismissed by recording that noncompliance of Section 80 CPC is not a ground on which the plaint can be rejected.

Learned counsel for the petitioner, by referring to Annexure P-2, the application filed under Order VII Rule 11 CPC, submits that the ground of not affixing proper Court fee by the plaintiffs has been taken but cannot be considered by the trial Court while dismissing the application. Perusal of the order shows that the aforesaid ground was not considered by the trial Court. In these circumstances, without interfering with the impugned order, dated 19.9.2022, dismissing the application for rejection of the plaint, liberty is afforded to the petitioner/ defendant to move appropriate application with regard to improper valuation of the suit in question which will be considered by the trial Court on its own merits. Disposed of.

(TRIBHUVAN DAHIYA) JUDGE 17.10.2022 Aw Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No ASHWANI KUMAR 2022.10.18 10:11 I attest to the accuracy and integrity of this document