AI Structured Summary
Not yet generated for this judgment
Judgment
Rakesh Kumar Jain, J.—The plaintiff has sought possession in the garb of a suit for mandatory injunction in which an application was filed by the defendants that the suit is not maintainable until and unless advalorem Court fee is paid. The said application was allowed against which the plaintiff had filed the present revision petition. While the revision petition was pending, the main suit filed by the plaintiff itself was dismissed. As soon as the suit was dismissed, a statement was made by counsel for the defendants, when counsel for the petitioner was absent and the following order was recorded:-
The counsel for the respondent says that the revision itself has become infructuous since the suit from which the interim order was passed and challenged before this Court has itself been disposed of. The suit is said to have been disposed of on 8.10.2012.
The revision is dismissed as having become infructuous.
Thereafter, the plaintiff/petitioner filed an application bearing CM No. 5771-CII-2013 for recalling of the order dated 6.2.2013. The said application has been allowed on 8.10.2013 and order dated 6.2.2013 is recalled and the revision petition is again set down for hearing.
While opening his argument, learned counsel for the petitioner has submitted that though the civil suit has been dismissed but the question of law "as to whether the plaintiff is liable to pay the court fee or not" would still be decided by the Appellate Court. Thus, it is submitted that as he is not liable to pay the court fee, the revision petition may be allowed and the decree passed by the trial Court be set aside.
On the other hand, learned counsel for the respondents has submitted that the judgment and decree is appealable u/s 96 of the Code of Civil Procedure, 1908 [for short ''the CPC''] wherein the issue whether the Court fee has to be affixed or not, can always be adjudicated.
I have heard learned counsel for the parties and after examining the record, am of the considered opinion that this revision petition has really become infructuous as it is well settled that after the decision in the main suit, all interim orders become redundant or merges in the decree. However, if the petitioner/plaintiff is still aggrieved, he can challenge the order passed by the trial Court in appeal.
Hence, the revision petition is dismissed.