Case Note & Summary
The case involves a civil revision application filed by the original defendants (applicants) challenging an order of the trial court dated 15/11/2016 rejecting their application under Order VII Rule 11 of the Code of Civil Procedure, 1908. The applicants sought rejection of the plaint on the ground that the plaintiffs (non-applicant Nos.1 and 2) had not paid the proper ad valorem court fee on the compensation amount of Rs.14,44,932/- which was the subject matter of the suit. The suit was filed by the plaintiffs in a representative capacity, after obtaining permission from the Assistant Charity Commissioner, seeking a permanent injunction restraining the non-applicant Nos.4 and 5 (government authorities) from paying the compensation amount to the applicants, claiming that the applicants were not entitled to receive it and that the amount should be utilized for the registered trust. The trial court rejected the application, observing that the suit was properly valued. The High Court, after hearing the parties, dismissed the revision application, holding that the suit was for injunction and not for recovery of money, and the court fee paid was proper. The court noted that the valuation for the purpose of court fee and jurisdiction was as per the plaintiffs' valuation and that the trial court had not committed any error in rejecting the application.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Court Fees - Suit for Injunction - The applicants sought rejection of plaint on ground that ad valorem court fee on compensation amount of Rs.14,44,932/- was not paid. The trial court rejected the application holding that the suit was properly valued. The High Court upheld the order, noting that the suit was for injunction and not for recovery of money, and the court fee paid was proper. (Paras 1-5)
Issue of Consideration
Whether the trial court was justified in rejecting the application under Order VII Rule 11 CPC seeking rejection of plaint on the ground of improper court fee.
Final Decision
The High Court dismissed the civil revision application, upholding the trial court's order rejecting the application under Order VII Rule 11 CPC.
Law Points
- Order VII Rule 11 CPC
- Court fees
- Ad valorem court fee
- Representative suit
- Suit for injunction
- Valuation of suit
Case Details
2018 LawText (BOM) (02) 118
Civil Revision Application No.13 of 2017
Shri R. N. Ghuge for applicant, Shri A. R. Deshpande for respondent Nos.1 and 2, Ms G. Tiwari for respondent Nos.4 and 5
Shri Panchaleshwar Sansthan and others
Mangesh Janardhan More and others
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Nature of Litigation
Civil revision application challenging order rejecting application under Order VII Rule 11 CPC for rejection of plaint.
Remedy Sought
Applicants sought rejection of plaint on ground of improper court fee.
Filing Reason
Applicants contended that the suit was not properly valued and ad valorem court fee on compensation amount of Rs.14,44,932/- was not paid.
Previous Decisions
Trial court rejected the application on 15/11/2016 holding that the suit was properly valued.
Issues
Whether the trial court erred in rejecting the application under Order VII Rule 11 CPC seeking rejection of plaint for improper court fee.
Submissions/Arguments
Applicants argued that the suit sought to restrain payment of compensation amount of Rs.14,44,932/- and ad valorem court fee of Rs.31,030/- was required but not paid.
Plaintiffs argued that the suit was for injunction and not for recovery of money, and the court fee paid was proper.
Ratio Decidendi
In a suit for injunction, the valuation for court fee and jurisdiction is as per the plaintiffs' valuation, and the court fee paid is proper if the suit is not for recovery of money. The trial court did not err in rejecting the application under Order VII Rule 11 CPC.
Judgment Excerpts
By this civil revision application the original defendants in the suit filed by nonapplicant Nos.1 and 2 have challenged the order passed by the trial Court on their application filed under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of the plaint on the ground that the Court fees had been paid improperly.
The trial Court by order dated 15/11/2016 has been pleased to reject that application by observing that the suit has been properly valued.
Procedural History
The original plaintiffs filed a representative suit seeking injunction against payment of compensation. The defendants filed an application under Order VII Rule 11 CPC for rejection of plaint on ground of improper court fee. The trial court rejected the application on 15/11/2016. The defendants filed the present civil revision application challenging that order. The High Court heard the matter and dismissed the revision on 22/02/2018.
Acts & Sections
- Code of Civil Procedure, 1908: Order VII Rule 11
- Land Acquisition Act, 1894:
