S HIMMAT SINGH Vs. S SAHIB

JUDGEMENT

(1.) THIS petition is against the order dated 09.11.2011 by which application filed by the petitioner under Section 148 of the Code of Civil Procedure, 1908 (for short, 'the CPC') has been dismissed. In brief, the petitioner and performa respondent Nos.4 and 5, being the plaintiffs, filed a suit for possession of House No. R -966, Ward No.8, Panipat, by way of partition by metes and bounds. The suit was filed through Gopal Krishan son of Ghanshyam Dass, resident of House No.261, Ward No.8, Panipat.

(2.) AT the time, when the suit was filed, it was averred in the plaint that value of the suit for the purpose of Court fee has been assessed at Rs. 200/ - and therefore, Court fee of Rs. 25/ - has been affixed. In any case, the suit was decreed on 31.5.2004 and the trial Court ordered partition of the suit land in favour of the petitioner to the extent of 1/6th share in the suit and asked him to pay the Court fee on the market value of the house within two months. Preliminary decree was ordered to be drawn. Against the aforesaid judgment and decree, two appeals were filed i.e. Civil Appeal No. 33 of 2004 by the defendants and Civil Appeal No.36 of 2004 by the plaintiffs. Both the appeals were dismissed with certain modification by the Appellate Court vide its judgment and decree dated 06.10.2004.

(3.) THE petitioner then filed an application under Section 148 of the CPC for enlargement of time to pay the Court fee in respect of the decree of the trial Court. The said application was contested by the respondents and dismissed vide the impugned order dated 09.11.2011 on the ground that it has been filed by the petitioner after a gap of 3 and 1/2 years.