SURESH KUMAR YADAV Vs. PRASHANT ARORA

JUDGEMENT

(1.) Challenging the order dated 16th of September, 2009 passed by the Trial Court in civil suit No. 749 of 2008 whereby the application filed by the plaintiff to amend the plaint has been rejected, the present revision under section 115, CPC has been preferred by the plaintiff. There is a shopping complex known as Butler Plaza Shopping Complex, 95, Civil Lines, Bareilly. The plaintiff/applicant is one of tenants at the ground floor in the aforesaid shopping complex which consists of about 400 shops.

(2.) The case of the plaintiff is that there is a registered society registered under the Societies Registration Act, 1860 and the same is also public trust which is registered under the Bombay Public Trust Act by the name of Methodist Church in India. The said society owns considerable property including the aforesaid shopping complex. The said shopping complex has been sold unauthorisedly without permission as required under law. The purchasers who are defendants tried to interfere in possession of the plaintiff. Hence the aforesaid suit has been instituted for the following reliefs:

(3.) The defendants in reply raised pleas relating to valuation of the suit property and payment of Court fees. Preliminary issues in this regard were framed and were decided by the Trial Court by the judgment and order dated 21st of August, 2009 holding that the Court fees paid by the plaintiff is insufficient. The plaintiff is liable to pay ad-valorem Court fees. The entire shopping complex was valued at ' 19,85,95,710/-.