Dr. Bharat Bhushan Parsoon, J. - (1.) INVOKING supervisory powers of this Court under Article 227 of the Constitution of India, order (Annexure P -1) dated 21.3.2014 of the lower court whereby the application of the petitioner -defendant under Order VII Rule 11 CPC for rejection of the plaint for being allegedly insufficiently stamped was declined, has been impugned in this civil revision petition.
(2.) HEARING has been provided to the counsel for the petitioner while going through the paper book. In response to a suit for specific performance of agreement dated 15.10.2006, the petitioner -defendant was required to file written statement but had been postponing the same. Instead of filing the written statement, an application under Order VII Rule 11 CPC was filed by the defendant (now petitioner) for rejection of the plaint, claiming that since valuation of the suit for the purposes of court fee and jurisdiction had been assessed by the non -applicant/respondent/plaintiff at Rs. 30,95,000/ -, court fee of Rs. 1,28,170/ - was required to be paid.
(3.) THIS application was resisted by the non -applicant/respondent/plaintiff claiming that the requisite court fee had already been deposited for which a certificate issued by the State Bank of India for deposit of an amount of Rs. 1,28,170/ - as court fee, had been duly appended.;