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JYOTSNA REWAL DUA, J. –

The challenge in this petition is to the order passed by the learned Trial Court, dismissing the application moved by the defendant under Order 7 Rule 10 read with Section151 of Code of Civil Procedure (CPC in short).

2. A civil suit was instituted by the respondent-plaintiff in the year 2016. The petitioner-defendant had been contesting the civil suit since March, 20017. The parties concluded their evidence. The matter was fixed for arguments. At that stage, the defendant moved an application under Order 7 Rule 10 read with Section 151 of CPC with the prayer that the plaint is liable to be returned since it was undervalued for the purpose of court fee and jurisdiction. The averment in the application was that the market value of the suit land was Rs. 7,00,000/- per biswa and circle rate of the land assessed for the year 2015-16, was Rs. 32,68,182/-. The requisite Court fee was Rs.35,260/, but the plaintiff had wrongly assessed the Court fee and accordingly affixed Rs.10/- on the plaint.

3. Learned Trial Court, taking into consideration the fact that the defendant had been contesting the civil suit since March, 2017, had moved an application for return of the plaint after a period of about seven years at the stage when the matter was fixed for arguments, justifiably held that the question raised by the defendant can be examined during the course of appreciation of evidence on the basis of material on record.

4. For the reasoning given by the learned Trial Court, no interference with the impugned order is called for. The present petition is accordingly dismissed.

Pending miscellaneous application(s), if any, also to stand disposed of.

Petition dismissed.

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