- (1.) Heard learned counsel for the parties.
(2.) In original suit no. 307/2012, plaintiffs claimed themselves to be the owner in possession of disputed building and prayed for the relief of permanent injunction restraining defendants from interfering in the land, building, unit of plaintiffs present over disputed property. In plaint, valuation of the suit was fixed as Rs. 40,000,00/-, and paid Rs. 500/- as court-fee for the relief sought. In written-statement, inter alia, defendants pleaded that suit is undervalued and court-fees paid is insufficient. On the basis of these pleading, inter alia, issue no.-2 relating to undervaluation of suit, and issue no.- relating to insufficiency of paid court fee were framed by trial court.
(3.) After affording opportunity of hearing on these preliminary issues no. 2 and 3, trial court (Additional Civil Judge, S.D., Court No.-8, Meerut) had passed the impugned order dated 13.12.2013, by which these issues were decided in negative and in favour of plaintiffs. Aggrieved by which, present revision has been preferred by the defendants of original suit.;