RAJ KUMAR SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) THIS is defendants' revision petition challenging the impugned order whereby application moved by them seeking dismissal of the suit for deficiency in court fee was rejected.

(2.) AS per the averments, the plaintiff-respondent No. 1 filed a suit for declaration to the effect that he was entitled to inherit the entire suit property in accordance with the Rule of Succession prevailing in the family i.e. Rule of Primogeniture and the division/alienation etc. of the estate was ineffective and inoperative qua his rights, with consequential relief of injunction. Undisputed the aforesaid suit was filed in the year 1999. Admittedly, the petitioners in their written statement raised an objection of payment of proper court fees by the plaintiff-respondent No.1. The issues were also framed in the suit in the year 1999 itself. Admittedly, the petitioners did not claim any issue with regard to proper payment of court fees nor any such application was filed thereafter.

(3.) IN these circumstances, I find no merit in this petition which has been filed at a belated stage.