Defendants' appellant challenged a trial Court order rejecting a plaint due to non-payment of Court fee. The Court held that since issues were framed including fee payment, the objection must be raised before the trial Court independently.
Petition dismissed; objection to Court fee to be decided independently by the trial Court.
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Civil Revision No.1251 of 2008
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.1251 of 2008 Date of Decision:04.05.2009
Pankaj Chauhan & anr.
....petitioners
Versus
Shyam Lal
.....respondent
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr.R.K.Lamba,Advocate for the petitioners
Mr.Kulbhushan Sharma,Advocate for the respondent
RAKESH KUMAR GARG J.
This is defendants' revision petition challenging the order dated 25.01.2008 passed by Civil Judge(Jr.Divn.),Faridabad, whereby application filed by the petitioners under Order 7 Rule 11(b) CPC for rejecting the plaint of plaintiff-respondent on the ground that necessary Court fee was not paid, has been rejected.
Undisputedly, issues have been framed by the trial Court and one of the issues relates to the payment of necessary Court fee on the plaint.
In view of this fact alone, let the petitioners take all the objections which are available to him in accordance with the law with regard to the payment of Court fee before the trial Court. While deciding the aforesaid objections the trial Court will not be swayed by the impugned order and the issue regarding the Court fee shall be decided by the trial
Civil Revision No.1251 of 2008
2
Court independent of the impugned order.
Civil Revision disposed of.
(RAKESH KUMAR GARG) JUDGE
04.05.2009 neenu
1 issue framed by the court
Whether the High Court was justified in determining this revision petition on a framing of issues concerning Court fee in the trial Court.
Pankaj Chauhan
Shyam Lal
RAKESH KUMAR GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
