Raj Mohan Singh, J. - (1.) Petitioner has challenged the order dated 02.09.2016 passed by Additional Civil Judge (Senior Division), Phul, District Bathinda whereby application under Order 7, Rule 11 CPC for rejection of plaint was allowed on account of non-payment of ad valorem court fee.
(2.) Petitioner filed a suit for recovery of Rs.1,00,00,000/- along with interest @ 18 % per annum on account of injuries suffered by him due to negligence on the part of defendant No.1. The compensation was sought under various heads like pain and suffering, medical expenses, loss of future prospects etc. and it was claimed that the defendants were jointly and severally liable for the damages.
(3.) Defendant No.3 filed an application under Order 7, Rule 11 read with Section 151 CPC for rejection of plaint on the ground that Civil Court has no jurisdiction to try the suit and in view of Section 74 of ESIC, the trial Court is not a notified Court, therefore, the Court is not competent to try the suit.;