REGENT COMPUTRONICS PVT. LTD.

N. RAJENDRAN Appellant

V/S

V.C.P. PERIAKATHAN Respondents

Referred Judgements :-

MOHD. AHIBULLA VS. SETH CHAMAN LAL [REFERRED TO]
HUKMA VS. MANGA [REFERRED TO]
JAGTU VS. BADRI [REFERRED TO]
JAGAT RAM VS. MISAR KHARAITI RAM [REFERRED TO]
BAIJNATH PRASAD SINGH AND OTHERS VS. UMESHWAR SINGH AND OTHERS [REFERRED TO]
SUNIL KUMAR BANERJEE V. STATE OF WEST BENGAL [REFERRED TO]
RAZACK TRADING COMPANY,ARIYALOOR VS.M/S.J.K.INDUSTRIES LTD.,NEW DELHI [REFERRED TO]
NALLURI SINGH VS. BANDLAPATI KISHORE BABU [REFERRED TO]
PARAVATHAMMA VS. K.R.LOKNATH [REFERRED TO]
MOSST,SAIMUNISSA VS. SK.MOHIUDDIN AND OTHERS [REFERRED TO]
RAM KRISHNA DHANDHANIA AND ANOTHER VS. CIVIL JUDGE (SR.DIVISION),KANPUR NAGAR AND OTHERS [REFERRED TO]
JANKINATH SARANGI VS. STATE OF ORISSA [REFERRED TO]
MANNAN LAL VS. CHHOTAKA BIBI DEAD [REFERRED TO]
K L TRIPATHI VS. STATE BANK OF INDIA [REFERRED TO]
MAJOR G S SODHI LT COL S K DUGGAL VS. UNION OF INDIA [REFERRED TO]
MANAGING DIRECTOR ECIL HYDERABAD VS. B KARUNAKAR [REFERRED TO]
KRISHANLAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
STATE BANK OF PATIALA VS. S K SHARMA [REFERRED TO]
S K SINGH VS. CENTRAL BANK OF INDIA [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. S BALAKRISHNAN [REFERRED TO]
STATE OF UTTAR PRADESH VS. HARENDRA ARORA [REFERRED TO]
DEBOTOSH PAL CHOUDHARY VS. PUNJAB NATIONAL BANK [REFERRED TO]
SHIV SHAKTI CO OPERATIVE HOUSING SOCIETY NAGPUR VS. SWARAJ DEVELOPERS [REFERRED TO]
S WAJID ALI VS. ISAR BANO URF ISAR FATMA [REFERRED TO]
KONA RAMU VS. PAYAKARAOPETA PRIMARY AGRL CO OPERATIVE CREDIT SOCIETY LTD [REFERRED TO]
GIRIDHARI AUTO FINANCE PRIVATE LIMITED KHAMMAM VS. GUDLA HARI BABU [REFERRED TO]
KATHYEE COTTON MILLS VS. R PADMANABHA PILLAI [REFERRED TO]
V O DEVASSY VS. PERIYAR CREDITS [REFERRED TO]
A GURUNATHAN ALIAS SIVAJI VS. J MUTHULAKSHMI [REFERRED TO]
S V ARJUNARAJA VS. P VASANTHA [REFERRED TO]
BRIJBHUKHAN VS. TOTA RAM [REFERRED TO]
VALLI ISE AMANJI VS. MAHMAD ADAM ASMAL [REFERRED TO]

JUDGEMENT

(1.) The Appellant/Plaintiff has filed this instant Second Appeal before this Court as against the Judgment and Decree dated 12/2/2007 in A.S.No.212 of 2006 passed by the Learned First Additional Sub-Judge, Madurai in affirming the Order dated 28/12/2005 of the Learned District Munsif, Melur in rejecting the plaint in O.S.(SR) No.7009 of 2005.

(2.) The First Appellate Court, viz., the Learned First Additional Sub- Judge, Madurai, in dismissing A.S.No.212 of 2006 filed by the Appellant/Plaintiff on 12/2/2007 in the judgment has among other things observed that even on 16/11/2005, the Appellant/Plaintiff has known what is the Court fee charges to be paid. But has not paid the same and further, has also not filed an application as per Section 149 of the Code of Civil Procedure. Also when the trial Court has returned the plaint and that the defects in full have been rectified and filed the same, it cannot be said that the Judgment and Decree of the trial Court are not proper. Moreover, the rejection of plaint made by the trial Court as per the Judgment of the Honourable High Court is a legal one and no interference is called for and resultantly, dismissed the Appeal with costs.

(3.) Earlier, the Learned District Munsif, Melur in O.S.(SR) No.7009 of 2005 has passed an order on 28/12/2005 in rejecting the plaint filed by the Appellant/Plaintiff by inter alia observing that the Appellant/Plaintiff has not projected an application as per Section 149 of the Code of Civil Procedure praying permission of the Court to pay the deficit Court fee and in the absence of said application being filed the plaint filed by paying the appropriate Court fee with a delay is not proper and consequently, rejected the plaint.

Click here to view full judgment.

N RAJENDRAN Vs. V C P PERIAKATHAN

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address