Amrit Kaur (Deceased) Through Legal Representative vs Omesh Kumar And Others

Alok Kumar Verma, J

While deciding the issue no.4 on 25.06.2008, the learned Trial Court directed the appellant-plaintiff to amend the valuation clause and to pay court fee accordingly. The said order, passed in Original Suit No. 124 of 2005, was not complied with by the appellant-plaintiff. Therefore, the said Original Suit has been rejected under Order VII Rule 11 (b) (c) of the Code of Civil Procedure, 1908.

Civil Miscellaneous Application (IA No.15381 of 2024), filed by the appellant-plaintiff, is taken on record.

Heard Mr. P.C. Maulekhi, learned counsel for the appellant and Mr. Siddhartha Singh, learned counsel for the respondents.

Mr. P.C. Maulekhi, Advocate submitted that the appellant wants to deposit the court fee as directed by the Trial Court vide order dated 25.06.2008 after amending the valuation clause.

Mr. P.C. Maulekhi, Advocate submitted that the appellant undertakes to correct the valuation clause and to deposit the court fee, as directed by the Trial Court on 25.06.2008 within one month from today.

The said submission has not been opposed by Mr. Siddhartha Singh, Advocate.

Subject to the said undertaking, the impugned order dated 29.11.2008 is set aside. The Original Suit (O.S.No.124 of 2005) is restored on its original number.

The Trial Court is directed to decide the Original Suit (O.S. No.124 of 2005) as expeditiously as possible and without granting any unnecessary adjournment to the parties.

The First Appeal (FA No.61 of 2011) is disposed of accordingly.