Petitioner challenged a 2016 order rejecting his plaint for non-payment of ad valorem court fee, but filed the petition only in 2024 after more than seven years. The Court found no justification for such inordinate delay and dismissed the petition on grounds of delay and laches alone.
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IN THE HIGH COURT AT CHANDIGARH
********
128
CR-5239-2024 (O&M) Date of Decision.:11.09.2024
Narender
Peoner**
Vs.
Dharampal and Others Respondents
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. N.K. Malhotra, Advocate for the pe��oner. ****
DEEPAK GUPTA, J. (ORAL)
Ad valorem Court fee was directed to be paid by pe��oner vide order dated 13.05.2016 within a period of two months. Despite gran�ng adequate opportuni�es, plain�ff- pe��oner failed to do so and ul�mately the plaint was rejected by way of the impugned order dated 21.11.2016 for non-payment of the Court fee. That order has now been assailed by the pe��oner by filing this pe��on in March, 2024 i.e. a0er a period of more than 07 years. Learned counsel for the pe��oner is unable to convince this Court regarding such a huge delay.
On the ground of delay and latches itself, the pe��on deserves to be dismissed. No merits. Dismissed.
| ( D |
EEPAK GUPTA ) JUDGE |
||
|---|---|---|---|
| September | 11, 2024 | ||
| Nee�ka Tuteja | |||
| Whether Speaking/reasoned | Yes/No | ||
| Whether Reportable | Yes/No |
NEETIKA TUTEJA 2024.09.11 16:19 I attest to the accuracy and integrity of this document
1 issue framed by the court
Should the petition challenging rejection of the plaint for non-payment of ad valorem court fee be entertained despite a delay of over seven years?
Narender
Dharampal and Others
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
