MANSURALI SULEMAN DAMANI Vs. NAVINCHANDRA VRUJDAS VAIDYA

JUDGEMENT

(1.) Rule. Mr.B.D.Karia, learned advocate waives service of notice of Rule on behalf of respondent No.1 and Mr.Sandeep Bhatt, learned advocate waive service of notice of Rule on behalf of respondent No.3.

(2.) With the consent of the learned advocates appearing on behalf of the respective parties, the present Civil Revision Application is taken up for final hearing today.

(3.) By way of this Civil Revision Application under Section 115 of the Code of Civil Procedure, petitioner herein - original plaintiff has prayed to quash and set aside the impugned order dated 24/12/2009 passed by learned 2nd Additional Civil Judge, Morbi below Exh-1 in Regular Civil Suit No.295 of 2008 in dismissing the Suit filed by the petitioner herein - original plaintiff under Order VII Rule 11 of the Code of Civil Procedure on the ground that the petitioner herein - original plaintiff has not paid the deficit Court Fees.