KESHAR BAI Vs. SAVITA AWASTHY

JUDGEMENT

(1.) As a very short question is involved in this appeal in as much as the suit in question has been dismissed for non payment of Court fee, we deem it appropriate to dispose of the matter at this stage as any further delay in disposal of appeal, may cause injustice to the parties concerned.

(2.) Original plaintiff Smt. Keshar Bai (now dead) represented by legal heirs in this appeal had filed the suit in question for permanent injunction with regard to house No. 125, 128, and 188 -B Street No.3, Sadar, Jabalpur. She filed the suit for declaration and permanent injunction with regard to the sale deed dated 23.6.2008 registered on 23.3.2009 and it was her case that as the sale deed has been obtained by fraud, cheating and on non payment of the consideration in accordance to the agreement, the sale -deed be decreed as null and void.

(3.) In the suit in question the respondent filed an application under Order VII Rule 11(b) of CPC and raised an objection with regard to improper payment of Court fee. It seems that the learned Court below passed an order and directed for payment of Court fee. However, inspite of granting time on three occasion, when the Court fees was not paid, the suit has been dismissed on account of non payment of Court fee.