NAGAR PANCHAYAT AKBARPUR Vs. BAJRANBALI RICE MILLS

JUDGEMENT

(1.) The present appeal has been filed under Section 6-A of the Court Fees Act, 1870 against the Order dated 23.3.2010 passed by the learned Additional Civil Judge(Senior Division) First, Kanpur Dehat on an application No. 61C-2 filed on behalf of the Defendant-Appellant in Original Suit No. 172 of 2009 filed by the Plaintiff-Respondent No. 1 against the Defendant-Appellant and the Defendant-Respondent Nos. 2 to 5.

(2.) It appears that the Plaintiff-Respondent No. 1 filed the aforesaid Original Suit No. 172 of 2009 against the Defendant-Appellant and the Defendant-Respondent Nos. 2 to 5 inter alia, praying for decree of declaration and prohibitory injunction.

(3.) The aforementioned application No. 61C-2 was filed on behalf of the Defendant-Appellant in the said suit on the ground that ad-valorem Court-fee was payable by the Plaintiff-Respondent No. 1 in the said Suit, and the Court -fee paid by the Plaintiff-Respondent No. 1 was insufficient.