The High Court dismissed a writ petition filed to challenge an order of the Additional Civil Judge regarding deficiency of court fees. The court held such a petition is not maintainable, citing Radhey Shyam and others. Interim proceedings were vacated.
Interim order dated 14.07.2010 vacated; Original Writ Petition dismissed.
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Court No. - 59
Case :- WRIT - C No. - 38965 of 2010
Petitioner :- Prakash Chand Respondent :- Ashok Kumar Kotia And Others Counsel for Petitioner :- A.K.Gupta,Gaurav Kashyap,Pradeep Kumar,Sabhajeet Yadav,Satish Chandra Mishra Counsel for Respondent :- S.C.,Gaurav Sharma
Hon'ble Surya Prakash Kesarwani,J.
Name of five counsels for the defendnat-petitioner are shown in the cause list. Counsel Sri Sabhajeet Yadav has sent illness slip. None of the remaining counsels for the petitioner has appeared in the case even in the revised call.
Interim order dated 14.07.2010 was passed staying further proceedings of Suit No.183 of 2000 (Ashok Kumar Kotia and anothers Vs. Prakash Chand and others) pending before the Additional Civil Judge (Senior Division), Court No.5, Agra.
This petition has been filed under Article 226 of the Constitution of India to challenge the order passed by the Additional Civil Judge on the question of deficiency of court fees.
Writ petition filed under Article 226 of the Constitution of India to challenge the order of Civil Court is not maintainable in view of the judgment of Hon'ble Supreme Court in the case of Radhey Shyam and another Vs. Chhabi Nath and others, 2015 (5) SCC 423.
In view of the aforesaid, the writ petition is dismissed .
Interim order dated 14.07.2010 is vacated.
Order Date :- 30.3.2019 Nitin Verma
1 issue framed by the court
Whether a writ petition filed under Article 226 to challenge an order of a Civil Court regarding deficiency of court fees is maintainable in light of Radhey Shyam and another Vs. Chhabi Nath and other
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Radhey Shyam and another Vs. Chhabi Nath and othersFollowed¶8
Radhey Shyam and another Vs. Chhabi Nath and others, 2015 (5) SCC 423. · Who else cites this
1 provisions across 1 enactments
Prakash Chand
Ashok Kumar Kotia
Surya Prakash Kesarwani
As recorded by the court registry
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