JAMANA LAL Vs. BANSHI LAL

JUDGEMENT

(1.) The matter comes upon an application (1/2020) under Sec. 151 Code of Civil Procedure filed by the plaintiffrespondents seeking dismissal of the present appeal filed against him by the defendant for non-payment of requisite court fees.

(2.) As per contention of the learned counsel for the plaintiff-respondents, vide judgment and decree dtd. 1/6/2019 learned trial below has passed the preliminary decree of partition in favour of the plaintiffs. Defendan-Appellants have challenged the said judgment and decree by way of filing the present appeal. The said appeal could have been admitted only after depositing of requisite court fees, whereas, the appellant has paid only Rs.235.00. In the impugned judgment and decree, plaintiffrespondents were directed to pay court fee of Rs.39,375.00 under the provisions of Sec. 35(1) of the Rajasthan Court Fees And Suits Valuation Act, 1961 (herein afterwards referred to as 'the Act of 1961'). However, appellant-defendant has filed the appeal on insufficient court fees.

(3.) Heard the learned counsel for the parties and perused the material available on record.