SHEELA NEHRU Vs. NIRMALA SHARMA AND ORS.

JUDGEMENT

(1.) This Regular Second Appeal has been filed against the judgment and decrees of the Courts below whereby the suit filed by the plaintiff was dismissed by the trial Court and the appeal filed by her was also dismissed by the learned District Judge.

(2.) The plaintiff had filed a suit for declaration and injunction. One of the issues i.e. Issue No. 6 framed in the case was as to whether the suit has not been properly valued for the purposes of Court fee and jurisdiction. The learned trial Court while deciding this suit had decided Issue No. 6 against the plaintiff and it was held that the suit had not been properly valued for the purposes of Court fees and that the plaintiff was required to pay additional Court fee of Rs. 4080.70P. It was further directed that the plaintiff shall affix the requisite Court fee within one month from the date of the judgment failing which the same shall be recovered from the plaintiff as per law. The learned trial Court also decided the other issues on merits against the plaintiff and on the basis thereof, vide judgment and decree dated 29.6.2002 the suit was dismissed.

(3.) Aggrieved by the same, the plaintiff filed an appeal and the defendants filed cross-objections. After hearing both the sides, the learned District Judge accepted the cross-objections of the defendants but dismissed the appeal filed by the plaintiff. While dismissing the appeal of the plaintiff, the learned District Judge upheld the finding of the trial Court holding that the suit was not correctly valued for the purpose of Court fee and that the plaint filed by the plaintiff was liable to be rejected because the plaintiff admittedly had not paid the requisite Court fee despite the orders passed by the trial Court within the specified period. On merits as well, the learned District Judge upheld the findings of the trial Court against the plaintiff. Resultantly, the appeal filed by the plaintiff was dismissed. Aggrieved by the same, the plaintiff filed the present Regular Second Appeal in this Court.