BALAK RAM SHARMA Vs. SONU BARMAN

JUDGEMENT

(1.) This Miscellaneous Petition is filed under Article 227 of the Constitution of India, being aggrieved of order dtd. 28/1/2020, passed in Civil Suit No.723-A/2018, by learned Civil Judge, Junior Sec. , Jabalpur.

(2.) Petitioner's contention is that respondent-plaintiff had filed a suit for specific performance and in the alternative had claimed for refund of the advance paid by him. Plaintiff paid Court Fees on Rs.1.00 Lakh i.e. the amount which was sought to be refunded and did not pay the Court Fees in accordance with the terms and conditions of the agreement for specific performance of which was sought.

(3.) Petitioner had moved an application under Order 7 Rule 11 of Code of Civil Procedure (hereinafter referred to as CPC for short). That application was allowed vide order dtd. 2/12/2019 and plaintiff was directed to pay Court Fees as per the terms and conditions of the agreement on Rs.4,26,000.00 which was the subject matter of the agreement. Thereafter, case was fixed on 24/1/2020 when instead of asking the plaintiff to first pay the Court Fees in accordance with the earlier order dtd. 2/12/2019, application under Order 6 Rule 17 CPC was taken and defendant was given time for filing reply.