HKS DEVELOPERS PRIVATE LIMITED Vs. MAHENDRA

JUDGEMENT

(1.) Challenge in this petition is to the order dated 05.06.2012 (Annexure P-3) passed by the Civil Judge (Junior Division), Gurgaon, whereby plaint of the plaintiff-petitioner has been rejected and order dated 26.02.2013 (Annexure P-8), vide which application filed by the petitioner under Order 9 Rule 4 read with Section 151 of the Code of Civil Procedure (for short 'CPC') for restoration of the suit, has been dismissed.

(2.) M/s. H.K.S. Developers Pvt. Ltd.-plaintiff (petitioner herein) filed a suit on 01.05.2010 (Annexure P-1) on the basis of agreement to sell dated 27.07.2006. Last date for registration of the sale deed was 27.09.2006. In the suit, the plaintiff-petitioner was claiming possession of the suit land as per terms of the agreement dated 27.07.2006. Upon notice, the defendant-respondent had appeared and filed an application for rejection of the plaint, which was decided by the trial Court vide order dated 21.03.2012 and the plaintiff was directed to deposit deficient Court fee within one month, failing which, the plaint would stand rejected. The plaintiff-petitioner did not file requisite Court fee within one month and thereafter, on 05.06.2012 the following order (Annexure P-3) was passed:-

(3.) A perusal of the aforesaid order shows that on account of non deposit of the Court fee, the plaint was rejected. Thereafter, the plaintiff-petitioner made an application (Annexure P-4) under Order 9 Rule 4 read with Section 151 CPC for restoration of the suit. Along with the same, an application under Section 5 of the Limitation Act (Annexure P-5) was also filed for condoning the delay in filing the application. Vide order dated 26.02.2013 (Annexure P-8) passed by the Civil Judge (Junior Division), Gurgaon, both the applications were dismissed.