ASHA SHARMA Vs. SANIMIYA VANIJIYA P. LTD

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment dated 20.8.2008 in CS(OS) 1883/2006, whereby the plaint was rejected, under Order VII Rule 11(d) of Code of Civil Procedure was rejected. The Appeal was initially filed on 26.9.2008 but was returned with the following objections:

(2.) THE appeal was re-filed on 20th October, 2008 but was returned as objections had not been removed. It was again filed on 30th October, 2008 but was returned on the same ground. Thereafter it was filed on 19th December, 2008 but was returned as objections had not been removed. It was then filed on 13th April, 2005 and was returned yet again as objections had not been removed. It was thereafter filed on 15th April, 2009 and was returned for the same reasons. Ultimately, it was filed on 16.4.2009. CM 5373/2009 has been filed for condonation of delay in re-filing the Appeal. Since no Court fee stamp was affixed on this appeal when it was filed, CM No. 11767/2009 under Section 149 Code of Civil Procedure for condonation of delay in making deficiency in the Court fee has also been filed by the Appellants.

(3.) SECTION 4 of the Court Fee Act prohibits filing or receiving of any Memorandum of Appeal, chargeable with court fee in case the court fee as indicated in the relevant schedule of the Act is paid on it.