In a writ petition under Article 227, the Patna High Court dismissed the challenge against the trial court's rejection of plaint for non-payment of court fee. The court held no error in denying jurisdiction over the restoration application and allowed liberty to appeal with condonation of delay.
Liberty to file appeal with condonation of delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17632 of 2012
====================================================== 1. Lalan Singh Son of Late Kalpnath Singh Resident of Village- Ghataw, P.S.- Kudara, District- Kaimur At Bhabhua
.... .... Petitioner/s Versus 1. Mantora Devi Wife of Late Kalpnath Singh, Daughter Rambriksh Singh Resident of Village- Kekda, P.O. + P.S.- Chand, District- Kaimur At Bhabhua 2. Sarswati Devi Daughter of Late Kalpnath Singh, Wife of Harishankar Singh Resident of Village- Jadavpur, P.S.- Jigna, P.O.- Hisda, DistrictMirzapur (U.P.) 3. Banarsi Devi Daughter of Late Kalpnath Singh, Wife of Bharat Singh Resident Of Village- Amar Patti, P.S.- Cholapur, District- Varanasi (Up) 4. Usha Devi Daughter of Late Kalpnath Singh, Wife of Jaishankar Singh Resident of Village- Jadavpur, P.S.- Jigna, P.O.- Hisda, District- Mirzapur (U.P.) 5. Binda Devi Daughter of Late Kalpnath Singh, Wife of Ramashankar Singh Resident of Village- Bisauri, P.S. + District- Chandauli (Up) 6. Punam Devi Daughter of Late Kalpnath Singh, Wife of Jai Prakash Singh Resident of Village- Amar Patti, P.S.- Cholapur, District- Varanasi (Up) 7. Babita Devi Daughter Of Late Kalpnath Singh, Wife Of Santosh Singh Resident of Village- Bihda, P.S.- Chandwak, District- Jonpur (Up) 8. Mahendra Singh Resident of Village- Ghataw, At Present Sonaw, P.S.Kudra District- Kaimur At Bhabhua 9. Surendra Singh Resident of Village- Ghataw, At Present Sonaw, P.S.Kudra District- Kaimur At Bhabhua 10. Birendra Singh Resident of Village- Ghataw, At Present Sonaw, P.S.Kudra District- Kaimur At Bhabhua 11. Munna Singh Son of Mahendra Singh, Minor Son Under Guardianship of His Father Namely Mahendra Singh Resident of Village- Ghataw, At Present Sonaw, P.S.- Kudra District- Kaimur At Bhabhua 12. Bachcha Bella Son of Surebdra Singh, Minor Son Under Guardianship of His Father Namely Surendra Singh Resident of Village- Ghataw, At Present Sonaw, P.S.- Kudra District- Kaimur At Bhabhua 13. Jai Shankar Singh Son of Late Dukhi Singh Resident of VillageGhataw, At Present Sonaw, P.S.- Kudra District- Kaimur At Bhabhua 14. Ramjari Devi Wife of Lalan Singh Resident of Village- Ghataw, P.O.Fakarabad P.S.- Kudara, District- Kaimur At Bhabhua .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shyam Bihari Singh, Adv. For the Respondent/s : ……………….. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
Patna High Court CWJC No.17632 of 2012 (2) dt.03-10-2012
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2 03-10-2012
Heard Mr. Shil Bhadra Jha, learned counsel for the petitioner.
This application under Article 227 of the Constitution of India has been filed questioning the order dated 13.9.2010 passed in Title Suit No. 3 of 2000 whereby the plaint has been rejected by the trial Court under Order 7 Rule 11 (c) of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) for non payment of the Court fee. A Misc. Case filed under Order 9 Rule 4 of the Code of Civil Procedure read with Section 151 thereof also has been disposed of by order dated 24.3.2012 on grounds of jurisdiction.
There is absolutely no error in the order of the Court below dated 24.03.2012 passed in Misc. Case No. 26 of 2010 when it holds absence of jurisdiction for disposal of the restoration application. It is now well settled under judgments of this Court reported in 1982 PLJR 167 and 2009 (1) PLJR 329 that an appeal lies against an order of rejection of plaint. The provisions of Section 2(2) of the Code is also explicit.
For the reasons aforesaid, this application is disposed of with a liberty to the petitioner to file an appeal together with an application for condonation of delay and which shall be considered and disposed of in accordance with law taking into consideration the pendency of the matter before different forums.
Bibhash/-
(Jyoti Saran, J)
3 issues framed by the court
Whether the Writ Court can interfere with the trial court's order rejecting the plaint for non-payment of court fee.
Whether the order rejecting the restoration application for lack of jurisdiction was erroneous.
Whether liberty granted to file appeal with condonation of delay is sustainable.
Lalan Singh
Mantora Devi
Sarswati Devi
Banarsi Devi
Usha Devi
Binda Devi
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
