SANDIP GUPTA Vs. KANHAIYA KAMRANI

JUDGEMENT

(1.) It is submitted on behalf of the petitioner that looking to the facts, question of law involved, fact that the respondents impleaded as defendants before the Court below were not noticed and the said unregistered civil suit is dismissed at the threshold, the matter may be disposed of finally at the motion stage itself without even issuing notice to the respondents.

(2.) On due consideration, the matter is heard finally at the motion stage itself without issuing notice to the respondents.

(3.) Facts in brief required for the adjudication of the instant petition are that the petitioner/plaintiff has filed a civil suit for declaration and injunction against the respondents before the Court below. During hearing, the Court below vide order dated 05.01.2016 directed that the plaintiff is required to pay Court Fee for the valuation of Rs. 90 lakh and thereafter the suit may be registered. Against the said order, the plaintiff/petitioner preferred Writ Petition (227) No. 29/16 before this Court and vide order dated 15.01.2016, this Court granted liberty to the petitioner to file appropriate application to demonstrate before the trial Court for the fixed court fee as required to affix and the Court below is directed to dispose of the said application according to the law afresh without being influenced by the order dated 05.01.2016. Thereafter the plaintiff/ petitioner filed an application under Sec. 151 of the Code of Civil Procedure, 1908 (for short 'the Code') wherein it is prayed that the suit is properly valued and the matter may be registered for further hearing. The said application was not disposed of as directed by this Court and the Court below dismissed the suit as not maintainable as the same is against the settled provisions of law regarding Negotiable Instruments Act, 1881. Against the said dismissal the petitioner has filed the instant petition.