- (1.) By the instant writ petition, the petitioner-plaintiff has challenged the order dt. 24.10.2007 passed by the learned Additional District Judge (Fast Track) No. 2, Bhilwara (for short 'the trial Court' hereinafter) in Civil Original Suit No. 80/2006, whereby the learned trial Court has decided the Issue No. 5A and held that the plaint was required to be presented with the Court fees of Rs. 50,45,520/- and directed the plaintiff to supply deficient Court fee stamps within a month after adjustment of amount already paid towards the Court fees. The petitioner and the respondent No. 5 have filed a suit in the trial Court and stated that one Maheshwari Textile Mills, Bhilwara took a loan from the Rajasthan Financial Corporation (for short 'the RFC hereinafter) for the purpose of establishing an industry. It is stated that the Maheshwari Textile Mills, Bhilwara was a registered partnership firm in which late Shri Om Prakash Pediwal was the partner along with two other persons and the loan for establishing the industry was obtained by the said partnership firm. It is further stated that on account of non-payment of loan amount, the industry was taken over by the RFC and later on, the same was sold and the amount received was adjusted by the RFC in the loan account. It is also stated that on account of death of Shri Om Prakash Pediwal, the partnership firm came to be dissolved but from the Branch Office of the RFC, the plaintiffs received a notice, whereby they were asked to deposit the loan amount of Rs. 50,42,520/- within a period of fifteen days, to which they had submitted their reply through Registered Post stating therein that Shri Om Prakash Pediwal died without leaving any movable or immovable property and the plaintiff-respondents are not liable to repay the loan amount of the Maheshwari Textile Mills as they have nothing to do with the said industry and the same belonged to a partnership firm, which came to an end with the death of Shri Om Prakash Pediwal. It is further stated in the plaint that the respondent-RFC had illegally sent an award/demand notice to the Collector, on the basis of which, the Collector had issued a notice to them to repay the loan amount to the tune of Rs. 50,42,520/- within fifteen days, and the plaintiffs are apprehending that on the basis of said demand, the Collector may attach the private property of the plaintiffs and, therefore, they had filed this plaint for declaration and permanent injunction. The relevant averments made in the plaint read as under:
(2.) While opposing the claim of the plaintiffs, the RFC had filed its written statement in which objection regarding the deficiency of the Court fees had also been raised and the learned trial Court framed an additional Issue No. 5A "Whether the valuation of the suit was not made properly and Court Fee is insufficient?"
(3.) The learned trial Court thereafter proceeded to decide the Issue No. 5A as preliminary issue and after hearing both the parties, has passed the impugned order directing the plaintiffs to pay the Court fees of Rs. 50,42,520/- within one month. Out of two plaintiffs, only one plaintiff i.e. petitioner Dinesh Pediwal has challenged the order dt. 24.10.2007 by way of filing this writ petition.;