MIR SAHEBMIYA BAHADARMIYA SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a revision application by the original plaintiffs challenging a part of the order passed by the learned trial Judge in the City Civil Court at Ahmedabad in the Civil Suit no. 1097 of 1972 decided by him on 4-3-1977 the occasion to challenge which has arisen on the passing of the order below the application of the petitioner ex. 239 by the Successor Judge. The plaintiff had filed the aforesaid suit be the following three reliefs:

(2.) The learned trial Judge while disposing of the suit passed the following operative order : The plaintiff must pay the deficit court-fees stamp on the basis of valuing Relief A in the relief clause of the plaint para 8A by putting the valuation at Rs. 61 60 for the purpose of court fees and suit valuation and must pay the deficit court fees by deducting the amount of court-fees paid for relief A i. e. Rs. 30.00 paid. The pltf. must value reliefs A and C of para 8 of the plaint at Rs. 3900.00 and must pay the deficit court fees after deducting Rs. 60.00 paid for these two reliefs. If the plaintiff does not pay the draft amount of court fees within one month from the date of this order the copy of this order must be sent to the Collector for recovering the deficit court-foes from the plaintiff and the decree must not be own till the defiant amount of court fees is paid or recovered. However if the defendants want the decree to be drawn they can pay the deficit amount of court fees stamp and on their paying the same the decree to be drawn and in that case the defendant paying the deficit amount of court fees are entitled to recover the same from the plaintiff as the costs allowed. Thereafter the plaintiff gave the application ex. 239 requesting the learned Chamber Judge to direct the Registrar of the City Civil Court to draw up the decree in that suit. The learned Chamber Judge declined to oblige and hence the present revision application.

(3.) The short but interesting question that arises for determination in this revision application is whether the court is bound to proceed to draw the decree on the pronouncement of the judgment or whether it can order that the decree shall not be drawn till the particular order (e.g. the order of payment/of court fees as it is in the present case) is carried out.