SAMANDER ALIAS MOHINDER Vs. MAYA SINGH

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure has arisen from a suit for possession by pre-emption which was filed on the 26th of April, 1974. The trial Court found that the Court-fee paid on the plaint was deficient. The plaintiff was directed to make up the deficiency by the 14th of May, 1974. When the suit was taken up on that date, the plaintiff remained absent and unrepresented and the plaint was rejected by reason of insufficiency of the court-fee paid thereon.

(2.) On the 15th of May, 1974, an application was filed by the plaintiff for restoration of the suit on the ground that the counsel for the plaintiff had noted the date by which the deficiency was to be made up as 24th May, 1974 instead of 14th May, 1974. That application was dismissed on the 22nd of July, 1974, by the trial Court which held that the application was not maintainable for the reason that the remedy against an order rejecting the plaint was available either by way of appeal or by an application for review.

(3.) A few days later the plaintiff moved an application for review of the order rejecting the plaint. This application was also dismissed as non-maintainable by the trial Court through an order dated the 19th of October, 1974, which is now challanged before me.