ANIL KUMAR JAIN Vs. MANIRAM SINGRAHA

JUDGEMENT

(1.) Heard. The applicant has filed this Civil Revision under Sec. 115 of CPC against the order dtd. 24/2/2020 passed by 21st Civil Judge, Class-I, Jabalpur in M.J.C. No.976/2019 rejecting his application filed under Sec. 151 of CPC holding that the same is not maintainable.

(2.) Order sheet dtd. 6/8/2019 of learned trial Court shows that respondent No.2 Smt. Sandhya Rani was not present when the suit was dismissed for want of payment of requisite Court fee, therefore, in view of order 41 Rule 14 (4) of CPC service of notice on her is not necessary.

(3.) Learned counsel for the applicant submits that he instituted a suit for specific performance of agreement of sale, on which Court fee of Rs. 1,25,000.00 (Rs. One Lakh Twenty Five Thousand) was required to be paid but due to non-payment of requisite Court fee the suit was dismissed vide order dtd. 6/8/2019 consequent upon dismissal of his application for taking the court fee on record filed under Sec. 149 r/w Sec. 151 of CPC. He submits that the applicant instead of filing First Appeal against the order dtd. 6/8/2019, filed an application under Sec. 151 of CPC with a prayer to restore the Civil Suit and to permit the plaintiff to pay the court fee. Aforesaid prayer was opposed by the learned counsel for respondents/defendants No.3 and 4 by filing written reply and prayed for rejection of the application.