TRIVENI DEVI Vs. J.P. SHARMA

JUDGEMENT

(1.) THE petitioners have filed this revision against the order of dismissal of their suit for the non -payment of the Court fees. Since the objection was raised that the impugned order was not revisable, the petitioners moved an application on 24.7.95 seeking to convert the revision into a Misc. Appeal. The copy of the application was supplied to the respondents and the time was sought by them. Today, a further application has been moved by the petitioners under Order 6, Rule 17 of the C.P.C. seeking to reduce the valuation of her claim. On the filing of this petition, only a notice to show cause against admission was issued by this Court. The petitioners have sought the conversion of the revision petition into a Misc. Appeal, but the impugned order passed by the Court below under Order 7, Rule 41, C.P.C. amounts to a decree and only a regular appeal could be filed. As such, neither the revision nor the M.A. is maintainable and has not been admitted for final hearing. It is to be further noticed that the learned trial Court was constrained to pass the impugned order as the petitioners failed to pay the Court -fee within the stipulated time under the order of this Court. This Court had allowed time to the petitioners for making the payment of Court fees within a period of two months from the date of the order, which was passed on 30.8.94. The petitioners also failed to seek any extension of time from this Court. Therefore, even on merits, the learned Court below committed no illegality or irregularity or error of jurisdiction in passing the impugned order. The impugned order is neither perverse nor unreasonable. The fate of the petitioners was sealed under the earlier order passed by this Court. In view of the above, the petition is dismissed. There shall be no order as to the costs.