Multan Nagar Grah Nirman Sehkari Samiti, Ltd. Divakiri Alwar vs Deep Chand and Others

Hon''ble Ms. Justice Bela M. Trivedi

BY THE COURT

The appellant has preferred the present appeal u/s 96 of C.P.C. against the judgment and order dated 5.7.2002, passed by the District and Sessions Judge, Alwar, (hereinafter referred to as ''the trial Court'') in Civil suit No. 94/2002, whereby the trial Court has dismissed the suit of the appellant plaintiff under O. VII R. 11 C.P.C. It has been submitted by learned senior counsel Dr. P.C. Jain for the appellant that the appellant-plaintiff was exempted from making payment of court-fees in view of the Notification dated 26.7.1954, and therefore, the appellant had not paid the court fees. According to him, the trial Court ought to have considered the said Notification before dismissing the suit under O. VII R.11 C.P.C. However, the learned counsel Mr. Shashank Agrawal, for the respondents has vehemently submitted that the said Notification was not produced before the trial Court and on the contrary the appellant had time and again sought time to pay the requisite court fees.

Having regard to the submissions made by the learned counsels for the parties and to the impugned order, it transpires that the suit of the appellant-plaintiff has been dismissed under O. VII R. 11(c) of C.P.C. From the impugned order dated 5.7.2002, it clearly transpires that the trial Court had directed the appellant plaintiff to pay the requisite court fees vide order dated 15.4.2002. The said order was neither challenged nor complied with by the appellant-plaintiff. The trial Court thereafter also had granted time on 9.5.2002, 17.5.2002 and 28.5.2002 to enable the appellant to pay the court fees, however, the same was not paid. Ultimately, the Court passed the impugned order dismissing the suit of the appellant-plaintiff under O. VII R. 11 (c) of C.P.C. The appellant having neither produced any Notification showing that the appellant was exempted from making payment of court fees on the date of filing of the suit nor having complied with the order of the trial court directing it to make payment of court-fees, the trial Court was justified in dismissing the suit of the appellant under O. VII R.11(c) of C.P.C. This Court does not find any illegality or infirmity in the impugned order passed by the trial Court. The appeal being devoid of merits, deserves to be dismissed and is accordingly dismissed.