In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 8431 of 2010 Date of decision: 4.1.2011 Mahadev Kawat Sangh Pawan Dham Gaushala Road, Jaitu ......petitioner Versus Amar Nath and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Surinder Garg Advocate. for the petitioner. **** SABINA, J. Plaintiffs- respondents had filed a suit for permanent injunction restraining the defendants from raising any construction or demolishing the existing construction or from changing the nature of the suit property. During the pendency of the suit, the plaint was amended and relief qua possession was also claimed by the plaintiffs. Defendants moved an application under Order 7 Rule 11 of the Code of Civil Procedure seeking rejection of the plaint on the ground that proper court fee had not been affixed by the plaintiffs. Civil Revision No. 8431 of 2010 -2- The said application was dismissed vide impugned order dated 8.12.2010 passed by the trial Court. Hence, the present revision petition has been filed under Article 227 of the Constitution of India by the defendant-petitioner. After hearing learned counsel for the parties, I am of the opinion that the present revision petition deserves to be dismissed. The plaintiffs had initially filed a suit for permanent injunction. However, during the pendency of the suit, the plaintiffs sought amendment of the plaint on the allegations that defendants had raised construction and had taken possession of the suit land. The court fee has been affixed on the basis of entries in the jamabandi. Admittedly, an issue has been framed by the trial Court regarding court fee. Since an issue has already been framed as to whether, the plaintiffs have affixed proper court fee or not, the question qua affixation of court fee would be decided on merits. At this stage, the case is fixed for rebuttal evidence of the plaintiffs. It is clarified that any observation made by the trial Court, while passing the impugned order, shall not affect the merits of the case while deciding issue qua affixation of court fee. Dismissed. (SABINA) JUDGE January 04, 2011 anita