DHANNA SINGH AND ORS. Vs. SHINGARA SINGH

JUDGEMENT

(1.) PETITIONER -defendants have invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the order dated 05.04.2013 passed by the learned trial Court.

(2.) THE facts briefly are that the respondent filed a suit for damages of Rs. 8 lacs on account of injuries caused by the petitioners in an incident dated 24.02.2010. The respondent also recorded FIR No. 43 dated 27.02.2010 for offences under Sections 452, 325, 323, 506 read with Section 34 of Indian Penal Code against the petitioners. Challan was also presented before the Magistrate on completion of investigation and charges against the petitioners have been framed on 14.06.2010 by the trial Court. The respondent, however, valued the suit for the tentative amount of Rs. 3 lacs and paid the amount of court fee thereon.

(3.) THEREAFTER , an application was filed by the respondent for restoration of the suit and for permission to pay the court fee. Learned trial Court observed in the impugned order dated 07.05.2013 that the respondent was ready to furnish the court fee and there being no bar to restore the suit the application was allowed and the respondent was directed to furnish the court fee by 07.05.2013.