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Judgment
M.D. Shah, J.—Following order was passed by the learned Chamber Judge, City Civil Court, Ahmedabad, below Ex.22 on 10-8-2005 in Civil Suit No. 225 of 2004:
The plaintiff is directed to amend the plaint.
The plaintiff is further directed to value the suit property and affix necessary Court fees stamp within 15 days from the date of this order. No order as to costs.
Aforesaid order was challenged by the appellant by way of First Appeal No. 764 of 2007 and during the pendency of said appeal, since the above referred order passed by the learned Chamber Judge was not complied with, a further following order was passed by the Chamber Judge, City Civil Court No. 14, on 4-1-2006:
The plaint of the plaintiff is hereby stands rejected in view of Order 7 Rule 11(d) of the CPC.
In view of passing of subsequent order, the present appellant withdrew his First Appeal No. 764 of 2007 in order to file fresh appeal challenging both these orders. In pursuance of permission having granted by the Court, this appeal has been preferred by the appellant challenging both the orders.
Heard learned Counsel for the appellants, Mr. P.K. Shukla and Mr. J.V. Vaghela for Mr. R.J. Goswami for the respondents.
Learned Counsel for the appellants, Mr. Shukla, submitted that the appellants are ready to pay the court fee stamp as per the order passed by learned Chamber Judge, City Civil Court, Ahmedabad. Learned Counsel, Mr. J.V. Vaghela for Mr. R.J. Goswami for the respondents, has no objection if court fee stamp is paid as per the order passed by the learned Chamber Judge for restoring the suit.
In view of the above, without deciding the appeal on merits, both the orders dated 10-8-2005 in Civil Suit No. 225 of 2004 by the learned Chamber Judge, City Civil Court, Ahmedabad as also the order dated 4-1-2006 passed below Ex.1 in Civil Suit No. 225 of 2004 by the learned Chamber Judge, City Civil Court No. 14, Ahmedabad, are quashed and set aside. The appellants will deposit the court fee stamp within one month from today. The appeal is disposed of accordingly. The appellants are at liberty to raise the issue of court fee stamp before the trial court and the trial court will frame proper issue regarding the court fee stamp and will decide the said issue without being influenced by both the orders of the learned Chamber Judge as well as this Court.