A.S. Chandurkar, J. - (1.) Admit. Heard finally with consent of learned counsel for the parties. 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 (for short, the Code) 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.
(2.) According to the nonapplicant Nos.1 and 2 they along with a few others were persons having interest in Lord Panchaleshwar. After obtaining permission of the Assistant Charity Commissioner a representative suit was filed by them praying that the nonapplicant Nos.4 and 5 herein be restrained from paying any amount of compensation to the applicants herein which compensation was awarded in proceedings under the Land Acquisition Act, 1894. According to the said plaintiffs, the applicants were not entitled to receive that amount of compensation and it was liable to be utilized only for purposes of the registered trust.
(3.) The applicants herein filed an application under provisions of Order VII Rule 11 of the Code stating therein as per the averments in the plaint the amount of compensation receivable under award was Rs.14,44,932/. The ad valorem court fee on that amount was Rs.31,030/. It was stated that without paying the proper court fee the suit was not maintainable and therefore the plaint was liable to be rejected. Reply was filed by the original plaintiffs in which they stated that the suit was filed in representative capacity and the purpose of filing the suit was to protect the amount of compensation that was payable to the trust. The plaintiffs were not claiming any relief for themselves. By the impugned order the trial Court held that the plaint was not liable to be rejected on the ground that it was properly valued as per provisions of Section 6(iv)(j) of the Maharashtra Court Fees Act, 1959 (for short, the said Act). Being aggrieved the said defendants have filed this civil revision application.;