High Court of Punjab and HaryanaCR/833/2022dismissed

Ram Bran Varma v. Ravi Shankar Gupta And Anrs.

2022-03-10Mrs. Justice Meenakshi I. Mehta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.119 CR No.833 of 2022 Date of Decision: 10.03.2022 Ram Bran Verma ...Revisionist-Petitioner

Versus

Ravi Shankar Gupta and another

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Ms. Kiranjeet Kaur, Advocate, for the revisionist-petitioner.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) The revisionist-petitioner herein prays for setting aside the order dated 03.11.2017 (Annexure P-2) passed by learned trial Court whereby his plaint was rejected under Order 7 Rule 11 CPC. The revisionist-petitioner (plaintiff before the trial Court) had preferred a Civil Suit against the respondents named Ravi Shankar Gupta and Shailender Kumar Sharma for the recovery of an amount of Rs.1,14,805/- along-with interest thereon. Vide the impugned order, his plaint has been rejected under Order 7 Rule 11 CPC on the ground that despite availing several opportunities to affix the court-fee and having been granted the last opportunity for the said purpose vide the order, as passed on the previous date of hearing, he had failed to do so. Vide the order Annexure P-3 as passed on 23.01.2018, the application moved by the petitioner for seeking the restoration of the said NEETU RANI 2022.03.11 17:51 I attest to the accuracy and integrity of this document PHHC

CR No.833 of 2022 -2- .....

Civil Suit was also dismissed by the trial Court while observing that the original Civil Suit had not been dismissed and rather, its plaint had been rejected due to the non-filing of the court-fee and hence, the said application was not maintainable. Annexure P-4 is the copy of the order passed by the trial Court on 25.04.2018 qua the dismissal of the application moved by the petitioner for seeking the review of both the afore-mentioned orders, i.e. Annexures P-2 and P-3. The order impugned by way of this Revision Petition, i.e. Annexure P-2, was passed on 03.11.2017, whereas the instant Revision Petition has been filed after more than four years, i.e. much after the prescribed period of limitation. Resultantly, the Civil Revision Petition in hand stands dismissed.

(MEENAKSHI I. MEHTA) 10.03.2022 JUDGE neetu Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2022.03.11 17:51 I attest to the accuracy and integrity of this document PHHC