S Prabhakar Hyd v. Mr. Ahmed Abdul Azia Hyd And 269 Others

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No.1286 of 2016 ORDER:

The Court directed the plaintiff to value the suit properly and pay the Court fee thereon. That order is under challenge. In case the petitioner herein is permitted to be brought on record as 2nd plaintiff by way of transposition, time may be granted to pay the court fee provided the original plaintiff does not pay the same. Subject to the observation supra, the civil revision petition stands disposed of preserving liberty to the petitioner herein to seek either modification or recall of the order passed on 25.02.2016 in I.A.No.443 of 2013 in O.S.No.1087 of 2013. However, the suit may not be rejected immediately for a period of 15 days, for non-payment of the deficit Court fee, without examining the right of the petitioner to prosecute the suit, as 2nd plaintiff, being determined. Consequently, miscellaneous petitions, if any shall stand closed. No costs.

_______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 11.03.2016 ska