HUKAM CHAND Vs. TEJ PAL AND ANOTHER

JUDGEMENT

(1.) Plaintiff Hukam Chand by way of instant revision petition filed under Article 227 of the Constitution of India has impugned order dated 11.9.2009 passed by learned Civil Judge (Junior Division), Faridabad thereby dismissing suit of the plaintiff-petitioner under section 35B of the Code of Civil Procedure (in short, CPC). None has appeared for contesting respondent No. 1 whereas respondent No. 2 was ex parte in the trial court and his service has been dispensed with in this revision petition.

(2.) I have heard Learned Counsel for the petitioner and perused the case file.

(3.) Plaintiff filed suit for declaration and permanent injunction interalia challenging sale deed dated 26.3.2001 executed by defendant No. 1 in favour of defendant No. 2. Trial court on application Annexure P/2 moved by defendant No. 1 under Order 7 Rule 11 CPC directed the plaintiff to pay ad valorem court fee. Time for payment of ad valorem court fee was extended by the trial court vide order dated 12.8.2009 for 20 days. However the plaintiff - petitioner failed to pay ad valorem court fee even within said extended period. Therefore, trial court vide impugned order dated 11.9.2009 dismissed the suit under section 35B CPC due to non-payment of ad valorem court fee. Feeling aggrieved, plaintiff has filed this revision petition.