HAR PRASAD SHARMA Vs. NISHA SHARMA

JUDGEMENT

(1.) THIS appeal is directed against the dated 9. 1. 2009 by 4th Additional District judges Bhopal in Regular Civil Suit No. 258-A/2008 by which the suit filed by the appellant was dismissed as not maintainable under Order 7 Rule 11 (b) of the code of Civil Procedure, 1908.

(2.) THIS order is assailed by the appellant on the ground that the earlier suit was dismissed in default of appearance of the parties. Apart from this, in the earlier suit, there was non-compliance of the order dated 2. 5. 2008 by which the trial Court directed the appellant to make payment of the court fee and even if earlier suit is to be treated as dismissed because of the non-compliance of the order dated 2. 5. 2008 directing payment of deficit court-fee, the present suit was not barred. It was submitted that the impugned order be set aside and the appellant be permitted to make the payment of deficit court fee in the trial Court as per valuation of the suit

(3.) SHRI Bramhadatt Singh, learned counsel appearing for the respondents opposed the aforesaid contention and submitted that earlier suit was dismissed because of the non-compliance of the order dated 2. 5. 2008. The dismissal of the suit amounts to a decree and the second suit was barred. It was submitted that the order passed by the trial Court is in accordance with law and needs no interference by this Court.