RAKESH KUMAR Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS revision petition is directed against order dated 21.10.2013 (Annexure P -4) vide which the lower court instead of directing the respondent -plaintiff to comply with the earlier order of 22.5.2012 regarding payment of court fee, allowed deficiency in the court fee to be made good and application of the petitioner -defendant herein under Order VII Rule 11 CPC for dismissal of the plaint, was rejected.

(2.) THE respondent -plaintiff had filed a suit for declaration with consequential relief of permanent injunction for declaring the sale deeds dated 31.1.2000 and 14.3.2003 respectively as illegal, null and void being result of fraud. Prayer has also been made for setting aside the mutations sanctioned pursuant to the said impugned sale deeds. Correction of entries in the revenue record was also sought. Claiming that the requisite court fee had not been paid, the defendant in the suit, petitioner herein, in his application under Order VII Rule 11 CPC dated 19.7.2010 had sought rejection of the plaint. Order dated 22.5.2012 was made calling upon the respondentplaintiff to pay the ad -valorem court fee. Thereafter, deficiency in the court fee was made good by the respondent -plaintiff.

(3.) THE defendant, petitioner herein, claims that the court fee was to be paid within a stipulated time in terms of order dated 22.5.2012, whereas time for payment of the court fee, could not have been extended.