GOPI KRISHAN KHANNA Vs. KHADI ASHRAM

JUDGEMENT

(1.) The plaintiff has sought possession in the garb of a suit for mandatory injunction in which an application was filed by the defendants that the suit is not maintainable until and unless advalorem Court fee is paid. The said application was allowed against which the plaintiff had filed the present revision petition. While the revision petition was pending, the main suit filed by the plaintiff itself was dismissed. As soon as the suit was dismissed, a statement was made by counsel for the defendants, when counsel for the petitioner was absent and the following order was recorded:-

(2.) Thereafter, the plaintiff/petitioner filed an application bearing CM No. 5771-CII-2013 for recalling of the order dated 6.2.2013. The said application has been allowed on 8.10.2013 and order dated 6.2.2013 is recalled and the revision petition is again set down for hearing.

(3.) While opening his argument, learned counsel for the petitioner has submitted that though the civil suit has been dismissed but the question of law "as to whether the plaintiff is liable to pay the court fee or not" would still be decided by the Appellate Court. Thus, it is submitted that as he is not liable to pay the court fee, the revision petition may be allowed and the decree passed by the trial Court be set aside.