RAJESH B PATEL Vs. PRABHASHANKAR SHANTARAM

JUDGEMENT

(1.) The learned counsel for the petitioner states that in all these civil revision applications a common question of law does arise and as such on his request, these matters are taken up for hearing together and are being disposed of by this common order. The facts of this case are being taken from Civil Revision Application No. 1396 of 1998 to appreciate the controversy which has been raised in this civil revision application.

(2.) The plaintiff-petitioner filed a suit being Regular Civil Suit No. 71 of 1997 in the Court of Civil Judge (S.D.), Navsari, for permanent injunction seeking relief to the effect that the defendant-respondent may be restrained by appropriate injunction from transferring the disputed flat in the R.K. Flats building situated at Plot Nos. 18 to 23, bearing City Survey No. 1730, Tikka No. 44 in Ward No. 9 of Navsari Nagar Palika, Navsari, Tal. Navsari, Dist. Valsad, in any manner whatsoever either by sale, gift, mortgage or lease or any manner whatsoever.

(3.) As usual, on the plaint, the plaintiff-petitioner paid the Court Fees of Rs. 30/-. Alongwith the suit, the plaintiff- petitioner filed an application for grant of temporary injunction and on this application temporary injunction has been granted. The defendant-respondent has approached to the Court fees Inspector in the matter. The Court fees Inspector submitted his report on or about 5.7.1997 and he reported that the total Court fees on the plaint should have been paid of Rs. 5,500/- and as the plaintiff-petitioner paid Court fees of only Rs. 30/-, the deficit Court Fees of Rs. 5,470/- be recovered from him. Reference has been made to the Court and the 3rd Joint Civil Judge (S.D.), Navsari, under the order dated 20th March, 1998, decided the Reference and it has been held that there is a deficit Court fees of Rs. 5,470/-. Against this order of the reference Court, these civil revision applications have been filed in this Court.