Sri Deo Kumar Madhukar And ORS v. Madhuri Devi

Patna High Court CWJC No.554 of 2015 (2) dt.01-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.554 of 2015 ====================================================== Sri Deo Kumar Madhukar & Ors .... .... Petitioner/s

Versus

Madhuri Devi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-03-2016 Heard the learned counsel, Mr. Kumar Alok for the petitioners.

The petitioners have filed this application under Article 227 of the Constitution of India against the order dated 13.11.2014 whereby the Court below rejected the application filed by the petitioners to direct the plaintiff to deposit ad valorem court fee on the value of the property covered under the gift deed dated 21.01.1988 and while rejecting the application awarded cost of Rs.2,000.

The Hon'ble Supreme Court in the case of Sri Rathnavarmaraja v. Smt. Vimla, AIR 1961 Supreme Court 1299 has held that "whether proper court-fee is paid on a plaint is primarily a question between the plaintiff and the State. The defendant who may believe and even honestly, that proper courtfee has not been paid by the plaintiff has still no right to move the

Patna High Court CWJC No.554 of 2015 (2) dt.01-03-2016 superior courts by appeal or in revision against the order adjudging payment of court-fee payable on the plaint." In the present case, whether ad valorem court fee is payable or not is a question primarily between the plaintiff and the State and, therefore, it cannot be said that the petitioner is prejudiced in any way or that the order by which the application has been rejected occasioned failure of justice. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T