Dismissed

Kishore Ch.Singh v. Prasanna Ku. Singh

Orissa HC23 Nov 2015WP(C)/8747/2007

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution, challenging an order under Article 227, this Court found no illegality in the trial court's decision to reject a preliminary application regarding court fees. The petition was dismissed, and the trial court was directed to conclude the suit's hearing by March 2016.

What did the court decide?

Petition dismissed; trial court directed to conclude hearing of suit by March 2016; issue of court fee to be decided along with other issues.

Kishore Ch.Singh Vs Prasanna Ku. Singh — Civil Procedure and Limitation | Orissa HC (2015)

¶1

W.P.(C) No.8747 of 2007

¶2

23.11.2015 Assailing the order dated 11.7.2007 passed by the learned Civil Judge (Sr. Div
n.), Rayagada in T.S. No.15/2004, the instant petition is filed under Article 227 of the Const
itution of India. By the said order, learned trial court rejected the application of the defen
dant to decide the issue of court fee as a preliminary issue.

¶3

 Heard learned counsel for the petitioner. None appears for the opposite party.
 In a well-discussed order, the learned trial court rejected the petition holdi
ng, inter alia, that the court having unlimited jurisdiction the court fee can be collected if
 the court finds the suit has been undervalued after proper valuation.

¶4

 There being no illegality or impropriety in the order dated 11.7.2007 passed b
y the learned Civil Judge (Sr. Divn.), Rayagada in T.S. No.15/2004, this Court is not inclined
 to interfere with the same.

¶5

 Accordingly, the petition is disposed of with an observation that the said iss
ue shall be decided along with other issues.

¶6

 Since the suit is of the year 2004, learned trial court is directed to conclud
e the hearing of the suit by end of March, 2016.

¶7

 Dr.A.K.Rath, J.

¶8

Kishore Ch.Singh v. Prasanna Ku. Singh

Case brief

What is this about?

What did the court decide?

Kishore Ch.Singh v. Prasanna Ku. Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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