1 S.B. CIVIL REVISION PETITION NO.272/2009 (Imraan Vs. Smt. Manchee Ben & Anr.) Date of Order : 13.11.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Rajesh Choudhary, for the petitioner. Heard learned counsel for the petitioner and perused the order impugned. The learned trial Court in the order impugned decided two application; one filed on behalf of the plaintiff under Order 6 Rule 17 CPC for amendment in the prayer clause of the suit by which he has prayed for share upto 1/3rd in the property in question. Another application has been decided which is under challenge in this revision petition was moved by the defendant appellant under Order 7 Rule 11 CPC for dismissal of the suit on the ground that prior to seeking amendment in the prayer clause, there was an order by the Court to deposit the required Court fee but the said court fee was not deposited and application for amendment in the prayer clause under Order 6 Rule 17 was filed. Therefore, once, the plaintiff respondent has disobeyed the orders passed by the Court by not depositing the required Court fee, then the suit is required to be dismissed under Order 7 Rule 11 CPC. 2 I have considered the submissions made by learned counsel for the petitioner. In my opinion, when earlier prayer made by the plaintiff in the suit was allowed to be amended while allowing application filed under Order 6 Rule 17 CPC then there was no reason for plaintiff to deposit the Court fee, which is ordered by the Court before filing an application under Order 6 Rule 17 CPC. In this view of the matter, no error has been committed by the trial Court while rejecting the application filed by the defendant under Order 7 Rule 11 CPC. Therefore, this revision petition is hereby dismissed. However, for the prayer made by learned counsel for the petitioner for deciding the issue of jurisdiction as primary issue, the petitioner is free to file proper application before the trial Court for such prayer. No interference is required in this revision petition. Hence, this revision petition is dismissed. (Gopal Krishan Vyas), J. arun/