DAYANAND SHIKSHA SANSTHAN Vs. AMBE ASSOCIATES

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21-4-2010 passed by the Civil Judge (Senior Division) Dehradun under Section 6-A of the Court Fees Act, whereby the plaintiff-appellant was directed to pay court fee on the amount mentioned in the order within a period often days, i.e. Rs. 67,81,800/-.

(2.) Briefly stated, the facts giving rise to the present appeal, according to the appellant, are that the plaintiff-appellant is owner in possession of the suit property, which was acquired by the plaintiff-appellant through a duly registered gift deed executed by Thakur Pooran Singh S/O Late Sri Natthu Singh on 27-7-1911 and since then, the plaintiff-appellant is in possession of the same. The name of the plaintiff-appellant is entered in the revenue record as owner of the suit property.

(3.) Before the learned Civil Judge (Senior Division) Dehradun, the defendants moved an application under Order 7, Rule 11 C.P.C. for rejection of the plaint on the ground that the court fee paid is insufficient.