- (1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 23.12.2015 [Annexure P/10] whereby application under Order VII Rule 11 CPC filed by the applicants-defendants on the ground of affixing of required Court fee, was dismissed.
(2.) Relevant facts of the case for the purpose of decision of the present petition; that the plaintiffs had filed suit for recovery of unliquidated damages on the ground that the lease was executed for a specific period and the plaintiffs are entitled to the damages for unexpired period of lease.
(3.) Defendants took the plea in the application that the claimed amount had purposely not been calculated by the plaintiffs so as to avoid the payment of court fee and court fee of Rs.25/- only has been affixed and the plaint be rejected.;