Laxmi Narain Mittal, J. - (1.) IN this revision petition filed by the plaintiff under Article 227 of the Constitution of India, challenge is to order dated 14.10.2013 (Annexure P -1) passed by the trial court, thereby allowing application (Annexure P -3) filed by defendant no. 5 under Order 7 Rule 11 of the Code of Civil Procedure (in short -CPC) for rejecting the plaint due to nonpayment of proper court fee. Plaintiff in the suit has inter alia claimed mandatory injunction directing defendants no. 1 to 5 to comply with agreement dated 06.05.2011, for purchase of machinery and in the alternative, seeking declaration that plaintiff is entitled to loss/damages/expenses and also maintenance charges @ Rs. 500/ - per day, besides seeking permanent injunction.
(2.) DEFENDANT no. 5, in his application, alleged that the suit for mandatory injunction to comply with the agreement is not maintainable because only suit for specific performance of the alleged agreement is maintainable or in the alternative, the plaintiff could file suit for recovery of damages for breach of contract. It was pleaded that value of the machinery has been determined at Rs. 3.39 crores by the plaintiff, and therefore, plaintiff is liable to pay ad valorem court fee thereon. Plaintiff, by filing reply (Annexure P -4), contested the application and controverted the averments made therein. Various other pleas were also raised.
(3.) LEARNED trial court, vide impugned order (Annexure P -1), has directed the plaintiff to pay ad valorem court fee on amount of Rs. 3.39 crores and also on quantified amount of damages, claimed by the plaintiff. Feeling aggrieved, the plaintiff has filed this revision petition to challenge the said order.;