Balvir Chand Through His Attorney v. Rajeev Kumar

C.R. No.3576 of 2018 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3576 of 2018 (O&M) Date of Decision.27.05.2019 Balvir Chand @ Balvir Ram

...Petitioner

Vs Rajeev Kumar

...Respondent

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. A.P. Kaushal, Advocate for the petitioner.

Ms. Bhagyashri, Advocate for Mr. Alok Jagga, Advocate for the respondent.

-.- AMIT RAWAL J. (ORAL) The present revision petition is directed against the impugned order whereby the application moved for rejection of the plaint on the premise that in suit for refund of `1 crore as earnest money, court fee of `3,48,600/- had been paid, has been dismissed. The petitioner-defendant moved an application under Order 7 Rule 11 CPC for rejection of plaint. The trial Court after receiving reply, dismissed the application by keeping the question of court fee to be seen at the final stage.

Mr. Kaushal, learned counsel appearing for the petitioner submitted that the plaintiff is required to pay the court fee on both the reliefs i.e. specific performance and alternative relief. The suit is already at the final stage and the pendency of the revision petition would render it infructuous.

Per contra, Ms. Bhagyashri, learned counsel appearing for the respondent submitted that the order passed by the trial Court is perfectly legal and justified. The Court would render the decision on PANKAJ KUMAR 2019.05.31 18:25 I attest to the accuracy and integrity of this document

C.R. No.3576 of 2018 (O&M) -2the preponderance of evidence and the court fee deficiency, if any, can always be made good at the appropriate stage. I have heard learned counsel for the parties, appraised the paper book and of the view that there is no force and merit. The order under challenge is perfectly legal and justified, as the question of payment of court fee is between court and the plaintiff. Moreover, the Court will render the decision on appreciation of oral and documentary evidence and if court fee was found deficient, can always call the party to make good the same.

In view of the aforementioned observation, the impugned order is upheld and the revision petition stands disposed of. (AMIT RAWAL) JUDGE May 27, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2019.05.31 18:25 I attest to the accuracy and integrity of this document