- (1.) The petitioners-plaintiffs are aggrieved of the impugned order, whereby an application moved at the instance of respondents-defendants under Order 7 Rule 11 CPC for rejection of the plaint for want of payment of advalorem court fees vis-a-vis relief of possession, has been allowed. Mr. Diwan S. Adlakha, learned counsel appearing on behalf of petitioners-plaintiffs submits that as per the order dated 23.05.2016, this Court had adjourned the matter in order to enable the counsel to seek the instructions with regard to relief of possession.
(2.) He submits that his client is already in possession and moved application for amendment of the plaint vis-a-vis consequential relief of possession as plaintiff is not claiming the relief of possession.
(3.) In view of the aforementioned fact and in view of the statement made at the bar as noticed above, it is made clear that the plaintiff cannot call upon to pay the advalorem court fees.;