Smt. Khatoon And Others vs Manzil-E-Hasan
2011 Latest Caselaw 1119 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 21710 of 2011
 

 
Petitioner :- Smt. Khatoon And Others
 
Respondent :- Manzil-E-Hasan
 
Petitioner Counsel :- Shamim Ahmad,M.A. Qadeer
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the petitioners submitted that the respondent has filed a suit for permanent injunction treating the petitioners as licensees. On 10.4.2000, the trial court has passed an order that the court fee is not sufficient and directed the plaintiff to deposit the court fee. The plaintiff moved an application for recalling of the said order, which has been rejected against which revision filed, which has also been dismissed. The order of the trial court with regard to the court fee has become final. Thereafter the plaintiff filed an amendment application, which has been allowed by the Judge Small Cause Court, Meerut vide order dated 9.7.2010 against which the petitioner filed revision, which has been dismissed.

The contention of the petitioners is that unless the plaintiff deposits the court fee in pursuance of the order  of the trial court, the suit cannot proceed.

The matter requires consideration.

Issue notice to the respondent, returnable at an early dated. The petitioners may take steps within 10 days to serve the respondent.

List in the week commencing 16.5.2011.

Till the next date of listing, the operation of the order dated 9.7.2010 passed by the Judge Small Cause Court in original suit no. 90 of 2000 and the order dated 12.1.2011 passed by the Additional District Judge, Court No. 11 in J.S.C.C. Revision No. 191 of 2010 shall remain stayed.

Order Date :- 16.4.2011

OP