Manmohan Singh Liberhan, J. - (1.) By the impugned order, the learned trial Court observed that there is nothing on record to suggest that the market value of the property in question is more than for which it has been valued by the plaintiff. Thus, a proper court fee has been affixed. However, it was further observed that if after recording of evidence of the parties, the Court comes to the conclusion that the market value of the property in question is more than for what it has been valued by the plaintiff, he will be liable to make up the deficiency in the Court fee. There is no gain saying that if the impugned order is allowed to stand, it would not occasion in failure of justice nor cause irreparable injury to the defendant. Nothing has been pointed out to show that payment of lessor Court fee or insufficient Court fee prejudices the defendant.
(2.) It is not a fit case to exercise the revisional jurisdiction under Section 115 of the Code of Civil Procedure, to interfere with the impugned order. The revision petition is dismissed with costs. Petition dismissed.;