GUR MEHAR SWANNI Vs. VIRENDER KUMAR BHATNAGAR

JUDGEMENT

(1.) THIS Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the Trial Court dated 5.4.2008 rejecting the plaint on account of non -compliance of the earlier order dated 10.9.2007, and which earlier order dated 10.9.2007 directed the plaintiff to pay proper Court fees on the plaint as per the causes of action and reliefs claimed in the plaint.

(2.) IF we look at the amendment application as has been filed by the appellant/plaintiff after the passing of the order dated 10.9.2007, it is found that the application partly does not inspire confidence inasmuch as so far as the relief of cancellation of documents is concerned, it is alleged that the fixed Court fees is payable though however when a document is sought to be cancelled, Court fees will be payable on the value of the document, to the extent the document is sought to be cancelled and in this case which would be the appellant's/plaintiff's share of Rs.12,31,250/ -. Therefore, the amendment application is not correct in averring that only a fixed Court fees is payable.

(3.) ACCORDINGLY , this appeal is disposed of with the following directions: