CR-225/09-M/s Firangi Lal Ramjidas Vs. Jhanwar Lal. Judgment dt.7.10.2009 1/3 S.B. CIVIL REVISION PETITION NO.225/2009 M/s Firangi Lal Ramjidas Vs. Jhanwar Lal. Date of order : 7th October, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Ramandeep Singh for the petitioner. ------- 1. This revision petition has been filed by the defendant- tenant being aggrieved of the order dated 24.7.2009 whereby the learned trial court has rejected the application under Order 7 Rule 11 C.P.C. of the defendant. 2. The learned counsel for the petitioner-defendant submitted that since the Court fees in question was paid less and also the concerned Court lacked pecuniary jurisdiction since the arrears of mesne profit demanded by the plaintiff landlord would be beyond the pecuniary jurisdiction limit of the said Court, therefore, the learned trial court has erred in rejecting the said application under Order 7 Rule 11 C.P.C. which can be filed at any stage in view of the decision of Hon'ble Supreme Court in the case of I.T.C. Limited Vs. Debts CR-225/09-M/s Firangi Lal Ramjidas Vs. Jhanwar Lal. Judgment dt.7.10.2009 2/3 Recovery Appellate Tribunal and others – AIR 1998 SC 634. 3. A perusal of the impugned order shows that the learned trial court has rejected the said application relying upon the decision of this Court in case of Shri Sainik Kshetriya Mali Samaj Vs. Shri Baba Ramdeo Samiti & Ors. - 2009 (1) DNJ 392 and held that since the issue issue No.3 relating to Court fees is already framed by the learned trial court in the said suit, therefore, the said question can be decided in that issue. 4. Having heard learned counsel for the petitioner- defendant and in view of the reasons given in the impugned order, this Court is satisfied that the learned trial court has not committed any error in rejecting the application under Order 7 Rule 11 C.P.C. of the defendant-petitioner which was filed after four years of the institution of the suit and at the stage of defendant's evidence in which the opportunity was granted to the defendant-petitioner at the last occasion subject to payment of cost of Rs.250/-. However, since the question of Court fees is already covered by issue No.3 which is a CR-225/09-M/s Firangi Lal Ramjidas Vs. Jhanwar Lal. Judgment dt.7.10.2009 3/3 question of jurisdiction, therefore, it is expected that that the learned trial court will decide the said issue No.3 as a preliminary issue. 5. In view of the aforesaid, this revision petition is disposed of with a request to the learned trial court to decide the said issue No.3 as a preliminary issue before proceeding further in the matter. 6. With these observations, this revision petition is disposed of. Copy be sent to opposite party and learned trial court. [ DR. VINEET KOTHARI ], J. item No.s-1\ babulal/