No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC

Rajasthan High Court rejected a petitioner' challenge to Civil Judge's order of rejecting his application for dismissal of suit, under Order 7, Rule 11, CPC, filed on the ground that the suit was undervalued and filed after paying insufficient court fees.

The bench of Justice Manoj Kumar Garg ruled that even if there was undervaluation or payment of insufficient court fee, the trial court may consider this objection at the final stage of the suit and hence, no error was committed by the Civil judge in rejecting petitioner's application for dismissal of the suit solely on this ground.

The facts of the case were that a suit for mandatory and permanent injunction was filed against the petitioner in which the petitioner filed an application under Order 7, Rule 11, CPC, for dismissal of the suit which was rejected by the trial court.

It was the case of the petitioner that the valuation of the suit was undervalued by the respondents and no sufficient court fees was paid for filing the suit. Hence, suit was liable to be set aside and the trial Court committed grave error in rejecting the application.

On the contrary, it was submitted by the respondents that the suit was filed in 2012 and the application was filed by the petitioner in 2018 after all the witnesses were examined and the cross-examination was also almost complete. Hence, the application was merely an afterthought to delay the proceedings.

After hearing the contentions of the parties, the Court took into account the time lapse between filing of the suit by the respondents and the application by the petitioner and held that even though, the power under Order 7, Rule 11 could be exercised by the Court at any stage of the suit, the petitioner was seeking dismissal only on the ground of undervaluation and insufficient court fees.

The Court opined that even if there was such undervaluation and insufficiency in the court fees paid, the same could be considered by the trial court at the final stage of the suit.

Accordingly, it was held that no error was committed by the trial court in dismissing the application under Order 7, Rule 11, and the petition was dismissed.

Title: Premraj v LRs of Rehmat & Ors.

Citation: 2024 LiveLaw (Raj) 357

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