RAKESH KUMAR GUPTA Vs. UMESH KUMAR GUPTA

JUDGEMENT

(1.) The present appeal has been filed as against the order dated 30th July, 2007 dismissing the application of the appellant under Order 47 Rule 1 of the Code of Civil Procedure for review of the order dated 12th March, 2007. We do not think that an order dismissing a review application is a judgment under Section 10 of the Delhi High Court Act and can be made subject matter of an intra-Court appeal. However, as we have heard learned counsel for the appellant on this appeal, we deem it appropriate to deal with the contentions and issues raised on merit.

(2.) The appellants herein are plaintiffs, who had filed a suit for partition of property bearing No.1580A/1-C, Raj Block, Navin Shahdara, Delhi " 110 032. The defendants contested the suit on the basis of oral partition. On 12th March, 2007, the Court recorded a finding that there was no dispute between the parties that each of them had 50% share in the property and the only defence of the defendants was based on oral partition, which plea the defendants gave up during the course of hearing on the said date. The court also recorded the statements of the plaintiffs / appellants that so long as they receive market value for their 50% share in the property, the plaintiffs / appellants are not interested in any other relief. The parties also agreed that the market value of the property was Rs.one crore and accordingly the share of the plaintiffs-appellants was Rs.50 lacs.

(3.) After recording the contentions of the parties, the Court passed a decree declaring that the plaintiffs / appellants and defendants / respondents have 50% share each in the property. Direction was thereafter given to the Registry to draw up decree sheet on the plaintiffs" / appellants/ filing requisite court fee. The defendants / respondents were directed to make payment of Rs.50 lacs on/or before 31st July, 2007 failing which they would be liable to pay interest @ 15%. By order dated 16th May, 2007, learned Single Judge clarified that the plaintiffs/appellants are not required to file court fee but stamp duty, which is payable for preparation of a partition decree.