High Court of Punjab and HaryanaCR/5299/2022disposed of

Harjit Kaur v. Gurdip Singh

2022-12-15Mr. Justice Harkesh Manuja1 pages

CR-5299-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-5299-2022 Date of Decision: December 15, 2022 Harjit Kaur ........ Petitioner

Versus

Gurdip Singh ......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present:- Mr. Parminder Singh-I, Advocate, for the petitioner.

**** HARKESH MANUJA, J. (ORAL) Present revision petition has been filed against an order dated 15.07.2022 passed by the Court of learned Civil Judge, Junior Division, Batala, whereby an application filed at the instance of petitioner-defendant (for short, "the petitioner"), invoking the provisions of Order 7 Rule 11 CPC was dismissed.

This Court, relying upon the judgment passed by Hon'ble the Supreme Court in State of Punjab and others and Dev Brat Sharma, 2022(2) RCR (Civil) 464, issued notice of motion on 18.11.2022. Mr. G.S. Sirphikhi, Advocate appears and files the power of attorney on behalf of respondent, which is taken on record. In view of the latest position of law laid down by the Hon'ble Supreme Court on the point in issue, learned counsel for the respondent very fairly submits that his client may be permitted to affix the requisite Court fee (though tentative) on the amount claimed as damages in the suit within a period of two weeks from today.

In view of the stand taken by the respondent, the revision petition is disposed of with a direction to the respondent to affix the requisite Court fee as per clause (i) to Section 7 of the Court Fee Act, 1870 within a period of two weeks from today.

December 15, 2022 ( HARKESH MANUJA ) parul JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARUL 2023.01.17 10:09 I attest to the accuracy and integrity of this document/judgment High Court, Chandigarh