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Judgment
Mr. Mungeshwar Sahoo, J.(Oral)—The defendants have filed this First Appeal against the order and Decree dated 21st February, 2003 passed by learned Subordiant 4e Judge IIIrd Court Patna in Money Suit No. 80 of 1998 whereby the counter claim filed by the defendants appellants was rejected under Order 7 Rule 11 (c).
It appears that the plaintiff respondent filed the aforesaid money suit claiming realization of Rs. 9,42,224.04/- with 21 per cent interest. The defendants appellants filed counter claim in the said money suit claiming Rs. 90,60,511.11/-. For non-supplying the Court fee required on the counter claim on the basis of valuation, the counter claim was rejected according to the provision of Order 7 Rule 11 (c) C.P.C.
The learned counsel, Mr. Suman Kumar, for the appellant submitted that it was only because of confusion, the appellant filed time petition instead of filing the required Court fee on the counter claim. The learned counsel further submitted that for this First Appeal, the appellant has already filed the Court fee of Rs. 50,000/- payable on the counter claim in the Court below as well as the Court fee payable on the memo of appeal before this Court.
On the other hand, the learned counsel, Mr. Sushant Kumar Das, for the respondent submitted that the appellant only wants to delay the disposal of the suit. So far payment of Court fee is concerned, the learned counsel did not dispute the position that the appellant had already deposited the Court fee of Rs. One lakh before this court, i.e., Rs. 50,000/- for lower Court and Rs. 50,000/- for the appellate Court.
From perusal of the order dated 21st February, 2003 passed by the Court below, it appears that the Court below has only stated that sufficient time has been granted for payment of Court fee. There is nothing detail in the order as to when for the first time, the time was granted to the appellant for deposit of the Court fee and in fact how many times the appellant was directed to deposit court fee only it has been mentioned that sufficient time was granted.
In view of the above facts and circumstances of the case, this First Appeal is allowed. The impugned order and Decree dated 21st February, 2003 passed by the Court below is hereby set side. The mater is remanded back to the Court below. The Court below shall proceed and decide the money suit filed by the plaintiff respondents as well as counter claim filed by the defendant appellants according to law as early as possible keeping in view the age of the money suit which is of the year 1998 without granting any unnecessary adjournments to any of the party.
In the result, this First Appeal is allowed.