High Court of Punjab and HaryanaCR/6993/2012dismissed

Dayawanti And ORS v. Lata Rani And ANR

2017-10-06Mrs. Justice Anita Chaudhry1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision No.6993 of 2012 (O&M) Date of Order: 06.10.2017 Dayawanti and others ..Petitioners

Versus

Lata Rani and another ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. G.D.Goyal, Advocate, for the petitioners.

Mr. A.K.Garg, Advocate, for the respondents.

ANIL KSHETARPAL, J (Oral) Defendants-petitioners are in revision petition against the order dismissing the application under Order 7 Rule 11 of the Code of Civil Procedure.

Defendants-petitioners had filed an application asserting that the plaintiffs have not affixed the ad-valorem court fee. The aforesaid application was dismissed by the trial Court. It has been held by the Hon'ble Supreme Court in the judgment reported as Sri Ratnavaramaraja v. Smt. Vimla, AIR 1961 SC 1299, that the defendant has no right to file an appeal or revision against the aforesaid order. Hence, the present petition is found to be not maintainable. The judgment passed by the Hon'ble Supreme Court has been followed by this Court in number of cases. In view of what has been stated hereinabove, the revision petition is dismissed being not maintainable. October 06, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.10.07 12:07 I attest to the accuracy and integrity of this document Chandigarh