- (1.) The present petition lays challenge to order dated 16.7.2015 passed by the Civil Judge (Junior Division), Kaputthala whereby the application filed by respondents No. 1 to 3 under Order 7, Rule 11 of the Code of Civil Procedure (in short "CPC") for rejection of the plaint has been allowed on the ground that the petitioner has not paid court fee (ad valorem) on the amount sought to be recovered as he tried to avoid payment of court fee under the guise of framing the suit in the form of mandatory injunction.
(2.) Counsel for the petitioner has submitted that while disposing of the application in favour of the respondents that the petitioner is liable to pay ad valorem court fee, no opportunity was allowed to the petitioner to make good deficiency of court fee. It is further submitted that the petitioner is ready to pay ad valorem court fee, therefore the order impugned may be set aside with a direction to the trial court to allow the petitioner to pay ad valorem court fee.
(3.) I have heard counsel for the petitioner and perused the records.;