LAWS(RAJ)-2025-7-33

HARISH MADHAN Vs. KSHEMA POWER AND INFRASTRUCTURE

Decided On July 17, 2025
Harish Madhan Appellant
V/S
Kshema Power And Infrastructure Respondents

JUDGEMENT

(1.) Petitioner (plaintiff) seeks quashing of an order dtd. 4/3/2025 (Annex.-7) passed by learned Additional District Judge No.5, Bikaner in Civil Suit No.12/2023, vide which, the application filed under Sec. 65-B of the Rajasthan Court Fees and Suit Valuation Act, 1961, seeking refund of the court fees paid at the time of filing of the suit, was rejected.

(2.) The plaintiff filed a civil suit in the year 2023 for recovery of money against the respondents before the learned trial court. After the suit was filed, notices were issued to the respondents, but they failed to appear, leading the learned trial court to initiate ex-parte proceedings on 15/12/2023. The petitioner then submitted his evidence, and the learned trial court decreed the suit in his favor on 5/2/2024. The respondents did not comply with the order, prompting the petitioner to file an execution petition, for which notices were again issued.

(3.) For ease of reference, translation of relevant portion (as provided) of the impugned order dtd. 4/3/2025 is as under:- :-