The Divisional Manager Indian Oil Corporation Ltd And ANR v. Bhushana Dakua (Mistri) And ORS
D/L.14.
October 22, 2024.
MNS/SG.
C. O. No. 3814 of 2024 The Divisional Manager and another Vs.
Smt. Bhushana Dakua (Mistri) and others Mr. Partha Pratim Roy, Mr. Amit Kumar Nag, Mr. Partha Banerjee, Mr. Maharnab Roy ... for the petitioners.
1. There is no caveat as reported.
2. Heard the learned counsel for the petitioners.
3. The instant revisional application is filed under Article of the Constitution of India against the order dated 11.09.2024 passed by the learned Civil Judge (Senior Division), Islampur, Uttar Dinajpur, in P.S. No.
108 of 2015 whereby and whereunder the application of the defendant nos. 2 and 3 filed under Order VII Rule 11 of the Code of Civil Procedure, 1908, was rejected.
4. The present petitioners, being defendant nos. 2 and 3, filed the application under Order VII Rule 11 of the Code of Civil Procedure raising jurisdictional issue as well as
insufficiency of court-fees as a ground for rejection of the plaint.
5. The learned trial Court, as appeared from the certified copy of the impugned order dated 11.09.2024, rejected the application under Order VII Rule 11 of the Code of Civil Procedure without considering the issue of insufficiency of court-fees.
6. I have heard the learned counsel for the petitioners.
7. It is settled law that a court can dispose of an application or reject a plaint under Order VII Rule 11 of the Code of Civil Procedure on the ground mentioned in the said provision without waiting for any formal application. The learned Trial Court apparently did not consider the issue of court-fees while disposing of the application. The learned Trial Court shall fix a date of hearing upon giving notice to both the parties on the issue of court-fees and pass necessary order without being influenced by this order.
8. The learned Trial Court shall expedite the hearing preferably within thirty days
from the date of reopening of the court on 04.11.2024.
9. The instant revisional application stands disposed of.
10. There will be no order as to costs.
11. A server copy of this order may be communicated to the learned trial Court.
(Sugato Majumdar, J.)