C.R. No.3556 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.3556 of 2007 Date of Decision: 19.3.2008 Lakshay Chauhan .....Petitioner Vs. Sahib Singh and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. V.B.Aggarwal, Advocate for the petitioner. Mr. Anju Arora, Advocate for respondent no.2. RAJIVE BHALLA, J (Oral) Challenge in this revision is to an order dated 30.1.2007, whereby the learned trial Court has held that the order with respect to affixation of court fee will be passed at the final decision of the case. Counsel for the petitioner submits that the petitioner filed an application under Order 7 Rule 11 of the CPC for rejection of the plaint. The learned trial Court, though duty bound to decide the said application has postponed its adjudication to the final decision of the case. Counsel for respondent no.2 does not oppose the revision petition. Despite service no one has put in appearance on behalf of respondent no.1. As held by Hon'ble the Supreme Court in Saleem Bhai and others V. State of Maharashtra and others, 2003(1) SCC 557 and followed by this Court in CR No.101 of 2008 (Class India and another V. A.K. Chopra and others) decided on 10.3.2008, an application under Order C.R. No.3556 of 2007 2 7 Rule 11 CPC can be filed at any stage of the suit. The prayer in an application under Order 7 Rule 11 CPC relates to the maintainability of a suit and should, therefore, be filed and adjudicated expeditiously. Adjudication of an application filed under Order 7 Rule 11 CPC cannot be postponed to the final decision of the case. It would necessarily merit emphasis that disputes with respect to affixation of court fee are to be decided at the threshold of a suit and on an appraisal of the averments in the plaint, alone. In view of what has been stated herein above, the order passed by the learned trial Court postponing the decision of the application under Order 7 Rule 11 CPC, to the final adjudication of the suit cannot be sustained. Consequently, the revision petition is allowed. The order dated 30.1.2007 is set aside and the learned trial Court is directed to decide the application under Order 7 Rule 11 CPC, within a period of one month from the date of receipt of a certified copy of this order. 19.3.2008 (RAJIVE BHALLA) GS JUDGE