Dismissed

Satbir Singh v. Sunita Devi and Ors.

Punjab & Haryana HC17 Dec 2015CR/7416/2015

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana dismissed a revision petition. The impugned order rejecting an application under Order 7 Rule 11 CPC on grounds of insufficient court fee and non-maintainability was upheld. The trial court was directed to allow the petitioner to raise pleas during arguments while the suit remains pending.

What did the court decide?

Impugned order dated 30.10.2012 dismissed application under Order 7 Rule 11 CPC is upheld. Petitioner allowed to take pleas regarding court fee and maintainability at trial.

Satbir Singh Vs Sunita Devi and Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2015)

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CR No.7416 of 2015

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR No.7416 of 2015 Date of decision: 17.12.2015

Satbir Singh

... Petitioner

Vs.

Smt. Sunita Devi and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Whether reporters of local newspapers may be allowed to see judgment?

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To be referred to reporters or not?

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Whether the judgment should be reported in the Digest?

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Present:Mr. Sanjay Vij, Advocate for the petitioner.

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AMIT RAWAL J. (Oral)

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The petitioner-defendant is aggrieved of the order dated 30.10.2012 (Annexure P-1), whereby, application under Order 7 Rule 11 of the Code of Civil Procedure, (for short 'CPC') for rejection of the plaint on the grounds that the respondent-plaintiffs have not affixed the proper Court fee and suit for permanent injunction and declaration in the absence of the relief of possession being not maintainable, has been dismissed.

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Mr. Sanjay Vij, learned counsel appearing on behalf of the petitioner-defendant submits that due to wrong advice, miscellaneous appeal was filed under the provisions of Order 43 Rule 1 of the CPC which was withdrawn vide order dated 25.11.2014. Accordingly, the aforementioned revision petition was filed.

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SAVITA DEVI KADIAN 2015.12.24 09:35 I attest to the accuracy and integrity of this document High Court Chandigarh

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CR No.7416 of 2015

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Be that as it may, the trial of the suit is in the midway. The petitioner shall be at liberty to take all possible pleas at the time of of arguments vis-a-vis Court fee and maintainability of the suit.

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With the aforementioned observations, the impugned order dated 30.10.2012 is upheld and there is no merit in the revision petition. Accordingly, the same is hereby dismissed.

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(AMIT RAWAL) JUDGE

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December 17, 2015 savita

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SAVITA DEVI KADIAN 2015.12.24 09:35 I attest to the accuracy and integrity of this document High Court Chandigarh

Satbir Singh v. Sunita Devi and Ors.

Case brief

What is this about?

What did the court decide?

Satbir Singh v. Sunita Devi and Ors.

Case brief

What is this about?

What did the court decide?

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