Prem Singh (Since Deceased) vs Commissioner Of Stamps, State Of Uttarakhand, Dehradun And Another

Sudhanshu Dhulia, J

This appeal was dismissed for non-prosecution on 26.07.2019. Thereafter, the appellant filed the restoration application (MCC No. 857 of 2019) along with the delay condonation application (CLMA No.12148 of 2019) for recalling the order dated 26.07.2019. The restoration application as well as the delay condonation application were also dismissed for non-prosecution on 11.09.2019.

Now a restoration application being MCC No.935 of 2019 has been filed by the appellants/applicants for recalling the order dated 11.09.2019.

For the reasons stated in the restoration application (MCC No. 935 of 2019), the same is allowed. Order dated 11.09.2019 is recalled. Restoration application and the delay condonation application are restored to their original number.

Grounds shown in the delay condonation application (CLMA No.12148/2019) appear to be just and bona fide. Purely in the interest of justice, the delay condonation application is allowed. The delay in filing the restoration application is condoned.

For the reasons stated in the restoration application (MCC No.857 of 2019), the same is allowed. Order dated 26.07.2019 is recalled. Appeal is restored to its original number.

Heard learned counsel for the parties.

The appellant before this Court had filed a suit for injunction before the Civil Judge (J.D.), Haridwar with the stated valuation of the suit to be Rs.10,000/- (Rupees Ten Thousand only), on which the court fee was paid. However, due to the objection of the defendant one of the preliminary issues which was framed by the court below was whether the suit is undervalued. The Amin was called and he was asked to file his report as to the valuation of the suit. As per the Amin report, the valuation of the property was Rs.20,80,000/-(Rupees Twenty Lakh Eighty Thousand only). The report of the Amin was perused by the court below and the same was accepted by the court below. The learned trial court therefore recorded a finding that since the valuation of the suit is more than Rs.20,00,000/- (Rupees Twenty Lakh only), the court fee is insufficient. Subsequently, the learned trial court recorded the finding that it has no jurisdiction in the matter on pecuniary ground and directed the plaintiff to move an amendment application vide order dated 21.03.2005. Aggrieved, the appellant has filed the present appeal before this Court.

The order of the trial court is based upon the Amin's report, which calls for no interference by this Court.

This appeal has no merit and it is hereby dismissed.

This Court vide order dated 17.08.2012 had summoned the lower court record. Let the lower court record be sent back to the court concerned, if not already sent.