1 2025:CGHC:60656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 275 of 2025 1 - Smt. Saraswati Bai W/o Late Ganguram Yadu Aged About 50 Years R/o Village Bagtarai, Tahsil And District Rajnandgaon Chhattisgarh 2 - Shankarlal S/o Late Ganguram Yadu Aged About 49 Years R/o Village Bagtarai, Tahsil And District Rajnandgaon Chhattisgarh 3 - Sharad Kumar S/o Late Ganguram Yadu Aged About 35 Years R/o Village Bagtarai, Tahsil And District Rajnandgaon Chhattisgarh 4 - Santosh Kumar S/o Late Ganguram Yadu Aged About 30 Years R/o Village Bagtarai, Tahsil And District Rajnandgaon Chhattisgarh 5 - Pramod Yadav S/o Late Radhelal Aged About 32 Years R/o Basantpur, In Front Of Shiv Nagar Mandir, Basantpur Rajnandgaon Chhattisgarh 6 - Smt. Dipti D/o Late Radhelal Aged About 45 Years R/o Basantpur, In Front Of Shiv Nagar Mandir, Basantpur Rajnandgaon Chhattisgarh 7 - Mohan S/o Late Ganguram Yadu Aged About 55 Years R/o Pachpedi, P.H. No. 15, Revenue Circle Ghumka, Tahsil And District Rajnandgaon Chhattisgarh 8 - Kamal Yadav S/o Late Ram Yadav Aged About 32 Years R/o RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Pachpedi, P.H. No. 15, Revenue Circle Ghumka, Tahsil And District Rajnandgaon Chhattisgarh 9 - Chandani D/o Late Ram Yadav Aged About 27 Years R/o Pachpedi, P.H. No. 15, Revenue Circle Ghumka, Tahsil And District Rajnandgaon Chhattisgarh ... Applicant(s) versus 1 - Nandulal S/o Late Ganguram Yadu Aged About 71 Years R/o Diwanpara, Near Old Christen Hospital Ward No. 22, Tahsil And District Rajnandgaon Chhattisgarh 2 - Abhilasha S/o Ganguram Yadu Aged About 65 Years R/o Diwanpara, Near Old Christen Hospital Ward No. 22, Tahsil And District Rajnandgaon Chhattisgarh 3 - Smt. Sharda Bai D/o Ganguram Yadu Aged About 40 Years R/o Diwanpara, Near Old Christen Hospital Ward No. 22, Tahsil And District Rajnandgaon Chhattisgarh 4 - Ku. Savita D/o Ganguram Yadu Aged About 28 Years R/o Diwanpara, Near Old Christen Hospital Ward No. 22, Tahsil And District Rajnandgaon Chhattisgarh 5 - State Of Chhattisgarh Through Collector, Rajnandgaon District Rajnandgaon Chhattisgarh (Defendant No. 10) ... Respondent(s) For Applicant(s) : Mr. Mirza Hafeez Baig, Advocate. For Respondent(s)/State : Mr. Devesh G. Kela, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 3 12/12/2025 1. By way of this revision, the applicant has prayed for following reliefs:- “(i)That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's case. (ii) That, this Hon'ble Court may kindly be pleased to issue writ/or writs/order/or orders, to quash the impugned order dated 05.07.2025 (Annexure P-1) passed by the learned Court of 5th Additional Judge of first Civil Judge Junior Class Rajnandgaon Chhattisgarh in civil suit no. 94-A/2023, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case including cost of the petition, may also be granted.” 2. Brief facts of the case, is that, the respondents/plaintiffs have instituted Civil Suit No. 94-A/2023 before the learned Court of the 5th Additional Judge to the First Civil Judge, Junior Class, Rajnandgaon, Chhattisgarh, seeking declaration of title and permanent injunction in respect of the suit land; however, the petitioners/defendants No. 1 to 9 filed an application under Order 7 Rule 11 of the Civil Procedure Code alleging that the plaintiffs had not properly affixed the requisite court fees in the plaint in accordance with the reliefs claimed and, therefore, sought dismissal of the said civil suit, copies whereof are filed as Annexure P-2 (plaint) and Annexure P-3 (application), to which the 4 plaintiffs filed their reply denying all the averments; despite the material available on record, the learned Civil Court dismissed the said application by the impugned order without due consideration, and consequently, the impugned order dated 05.07.2025 passed by the learned Court in Civil Suit No. 94-A/2023 is illegal, erroneous, and contrary to law, hence the present petition has been preferred. 3. Learned counsel for the applicant submits that the impugned order dated 05.07.2025 passed by the learned Court of the 5th Additional Judge, First Civil Judge, Junior Class, Rajnandgaon, Chhattisgarh in Civil Suit No. 94-A/2023 is illegal, erroneous, and contrary to the facts and law on record. It is contended that the learned trial Court failed to adopt a liberal and judicious approach while passing the said order and mechanically rejected the application filed by defendants No. 1 to 9 under the relevant provisions of the Code of Civil Procedure without proper application of mind. Learned counsel further submits that the plaintiffs have not properly affixed the requisite court fee in accordance with the reliefs claimed in the plaint, and therefore, the suit itself is liable to be dismissed, however, this vital issue has been completely ignored by the trial Court. It is argued that the application filed by the petitioners was necessary for proper adjudication of the plaint and consideration of the material available on record, but the learned trial Court, in an arbitrary manner, brushed aside these material aspects and dismissed the 5 application on technical and mechanical grounds. It is thus submitted that the impugned order suffers from patent illegality and perversity, being against settled principles of law, and the petitioners reserve their right to raise additional grounds at the time of hearing or at any subsequent stage of the proceedings. 4. On the other hand, learned counsel for the State opposes the same. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Upon perusal of the impugned order, it appears that the trial Court has passed a non-speaking and unreasoned order by merely observing that the grounds raised by the defendant pertain to matters of trial and evidence. Such an approach, in the considered opinion of this Court, is not in consonance with the settled principles of law requiring judicial orders to reflect proper reasoning. Accordingly, while setting aside the order dated 05.07.2025, the concerned trial Court is directed to reconsider the matter afresh and pass a well-reasoned and speaking order on the defendant’s application filed under Order 7 Rule 11 of the Code of Civil Procedure. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat