MUNNA Vs. BHAGESHWARI BAI

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 13.7.2004 whereby an application filed by the appellant/plaintiff under Order 9 Rule 9 of CPC for restoration of the suit has been dismissed by the trial Court.

(2.) HAVING heard the learned counsel for the appellant on admission, on perusing the documents placed on the record by the appellant and averments made in this appeal, it is apparent that earlier a Civil Original Suit was filed by the appellant against the respondents in which the respondent has also filed a counter claim but due to non-payment of requisite court-fees considering the provisions of Order 7 Rule 11 CPC and section 35 of Stamp Act the appellant's suit was dismissed by the trial Court vide order dated 13.9.2002 but the counter claim remained continue for trial. The order dated 13.9.2002 was challenged before this Court in Civil Revision No. 1494/02 which was dismissed vide order dated 4.7.2003.

(3.) LEARNED counsel for the appellant mainly advance his argument that the appellant is prepared to pay the deficit court-fees for further proceedings of the suit.