HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 528/2022
Smt. Vijay D/o Shri Bhagwan Singh W/o Promod
----Appellant
Versus
Smt. Jaya D/o Late Shri Bhagwan Singh W/o Promod & Ors.
----Respondent
For Appellant(s) : Mr. Nikhlesh Katara For Respondent(s) : Mr. J.K. Moolchandani HON'BLE MR. JUSTICE SUDESH BANSAL Order 19/09/2022 Learned counsel for appellant submits that the valuation of appeal has been made alike to the valuation of suit and same court fee which was paid by the appellant in the court of first instance, has been paid in the first appeal, therefore, the defect pointed out by the Office is relating to non-payment of court fee according to the valuation be waived.
It appears that the appellant-plaintiff has filed civil suit for declaration of the gift deed dated 14.08.2014 as null and void and in the suit, a fixed court fee of Rs.300/- was paid. No objection with regard to the improper valuation of suit, insufficiency of court fee was raised during the course of trial. Application has been determined in the impugned judgment dated 15.07.2022, therefore, the court fee paid by the appellant in the first appeal has paid before the trial court is treated as sufficient and defect is waived.
As far as defect relating to the non-filing of the gift deed dated 14.08.2014 is concerned, this is the document for which the (Downloaded on 22/09/2022 at 01:05:24 AM) (2 of 2) [CFA-528/2022] appellant-plaintiff has filed the civil suit for seeking declaration, therefore, this is part of record of the trial court and no need to place on record separately with the memo of appeal. Accordingly, the second defect is also waived.
Application (I.A.No.1/2022) stands disposed of. List this appeal for admission on 19.10.2022.
(SUDESH BANSAL),J TN/23 (Downloaded on 22/09/2022 at 01:05:24 AM) Powered by TCPDF (www.tcpdf.org)