YASHPAL SACHDEVA Vs. SUNIL RELLI

JUDGEMENT

(1.) A Civil Revision Petition under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the Revisionists (who are Defendant No.1 and 2 in the Main Suit) to assail the Order dtd. 17/1/2019 vide which the Application under Order VII Rule 11 (a), (b) and (d) of CPC filed by them respectively, have been dismissed.

(2.) Briefly stated, the Plaintiff-Sunil Relli (Respondent herein) had filed a Suit for Declaration of the Sale Deed dated October, 2011 executed by Defendant No.3-Shri Nand Gopal Gandham (since deceased) through his attorney, Defendant No.2-Shri Dinesh Arora (Petitioner No.2 herein) in favour of Defendant No.1-Shri Yashpal Sachdeva (Petitioner No.1 herein) in regard to Shop No.C-51, Malviya Nagar, New Delhi (hereinafter referred to as 'Suit Shop') as null and void. The other reliefs sought were Decree of Possession, Prohibitory and Mandatory Injunction and a Money Decree. However, all these other reliefs are predicated on the Sale Deed.

(3.) The grounds on which rejection of Suit was sought were, firstly, ex-facie the Plaintiff was required to pay the requisite Court Fee for which ample of opportunities had been given to him to make good the deficiency, despite which he had failed to do so. But the learned Trial Court while noting the deficiency in Court Fee, has further granted time for making good the Court Fee. It is asserted that there was no such occasion to give further time. Even then the Court Fee has not been paid by the Plaintiff/Respondent and the Suit is liable to be rejected on this ground itself.