SHAILENDRA GHAI Vs. ANIL GHAI

JUDGEMENT

(1.) O.A.30/2021 (by the plaintiff under Chapter II Rule 5 Delhi High Court (Original Side) Rules, 2018 read with Sec. 151 CPC), I.As.16272/2021 (by the respondent under Sec. 5 of the Limitation Act read with Sec. 151 CPC for condonation of delay of 3 days in filing the accompanying chamber appeal) and 16273/2021 (by the respondent under Chapter IV Rule 3 (e) read with Sec. 5 of the Limitation Act and Sec. 151 CPC for condonation of delay of 10 days in filing the accompanying chamber appeal)

(2.) I.A. no.16272/2021 has been filed seeking condonation of delay of three days in filing the appeal.

(3.) Mr. Prag Chawla learned counsel for the plaintiff submits that the suit has been filed for partition and the Fixed Court Fees has already been paid. It is his contention that merely because the Registry raised an objection, the learned Joint Registrar could not have directed the plaintiff to pay the deficient Court Fees without first applying its mind to determine whether in fact the Court fees paid was deficient or not. Learned counsel submitted that in the plaint, the plaintiff has asserted that he was in possession of part of the properties that constituted the estate of the deceased father. Therefore, the plaintiff had only to pay Fixed Court Fees and not ad-valorem Court Fees on market value of the properties. Learned counsel pointed out that in the written statement, the factum of possession has been admitted by the defendants. Hence, it was submitted that the impugned orders be set aside and the plaintiff be exempted from filing further Court Fees.