RAJNISH CHAND BHANOT Vs. VINOD CHAND BHANOT

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 06.05.2014 passed by District Judge in Civil Revision No. 99 of 2012 and order dated 07.12.2012 passed by Civil Judge, (SD), Dehradun whereby order dated 30.05.2012 rejecting the plaint was recalled by the trial court and revision arising therefrom was dismissed.

(2.) BRIEF facts of the present case, inter alia, are that plaintiff respondent, herein, preferred O.S. No. 346 of 2011 (Vinod Bhanot Vs. Rajnish Chand Bhanot and another) for declaration and partition of the property; vide order dated 07.02.2012, trial court was pleased to direct the plaintiff respondent, herein, to correct the valuation clause of the plaint and to pay deficit court fee till 09.04.2012; feeling aggrieved, plaintiff preferred a civil revision no. 19 of 2012 before District Judge, Dehradun; learned District Judge/Revisional Court was pleased to issue notices to the defendants, however, did not stay the effect and operation of order dated 07.02.2012; meanwhile, learned trial court was pleased to adjourn the case to enable the plaintiff to pay deficit court fee and to carry out amendment in the valuation clause of the plaint; plaintiff deposited Rs. 1,62,300/ - and Rs. 36,200/ - on 28.05.2012, 30.05.2012 respectively towards deficit court fee; on 30.05.2012, plaintiff also moved two applications viz. 109A and 111C seeking permission to carry out amendment in the valuation clause of plaint in compliance of order dated 07.02.2012 and to accept the deficit court fee on record, which was deposited by him on 28.05.2012 and 30.05.2012.

(3.) I have heard Mr. Piyush Garg, Advocate for the petitioner and Mr. Vikas Bahuguna, Advocate for respondent and have carefully perused the record.