SAHARBANO Vs. CHANDAN SINGH BISHT & ANOTHER

JUDGEMENT

(1.) Present appeal from order has been filed by the appellant being aggrieved against the order dated 15.05.2015, passed by Civil Judge (Sr. Div.), Nainital in O.S. no. 33 of 2011, captioned as Smt. Saharbano vs Chandan Singh Bisht and another.

(2.) Plaintiff (appellant herein) was required to make good the deficient court fee within seven days, vide order dated 25.04.2015 of the trial court. Plaintiff sought time, which was granted. Again, on 07.05.2015, further time was sought by the plaintiff for making good the deficient court fee, which too was allowed by the court below in the interest of justice. Finally, a date (15.05.2015) was given, but still the plaintiff moved another application for enlargement of time, which was denied by the court below, primarily because, according to learned Civil Judge (Sr. Div.), Nainital, there was a direction from the Hon'ble High Court for expeditious disposal of the suit. As a consequence thereof, plaint was rejected under Order VII Rule 11 CPC. Aggrieved against the same, present appeal from order has been filed by the plaintiff (appellant herein).

(3.) At the very outset, learned counsel for the appellant submitted that the plaintiff / appellant is ready to make good the deficient court fee as directed by the court below. According to learned counsel for the appellant, the plaintiff / appellant could not do so because her husband was in jail. In the circumstances, this Court does not think it necessary to issue notices to the respondents, inasmuch as the same will further delay the disposal of original suit, which was pending before the court below. The plaintiff / appellant wants to comply with the order of the trial court, whereby she was directed to make good the deficient court fee and regrets for not-complying with the order of the court in stipulated time.