Smt. Krishna And Others vs Deenanath Pandey And Others
2012 Latest Caselaw 1703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1812 of 2012
 

 
Petitioner :- Smt. Krishna And Others
 
Respondent :- Deenanath Pandey And Others
 
Petitioner Counsel :- H.V. Shastri,M.A. Qadeer,Mohammad Hisham Qadeer
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Het Singh Yadav,J.

Learned counsel for the appellant has submitted that  the plaintiff filed  a suit for declaration  of ownership and also for declaration of Agreement to Sale  dated 20.12.2006 and 28.9.2007  null and  void.

Issue no. 3 was framed  with regard  to the valuation  and payment of Court fee. The said issue has  been decided  in favour of the plaintiff  on 7.12.2011 and court fee was  found  sufficient.  The said order has not been challenged  by any of the party. Subsequently, the defendant no. 6 filed an amendment application  for  amendment in the written statement. The said amendment has  been allowed on 11.1.2012 and after allowing the amendment a fresh issue no. 4 with regard  to the valuation  and the  court fee  has  been framed  by the trial court which has been decided  by the impugned order  dated 15.2.2012 which is being challenged in the present appeal. He submits  that the order dated 11.1.2012  by which the trial court  allowed the amendment application has  been  challenged  by the appellant in W.P. No. 23043 of 2012, Smt. Krishna Devi and others Vs. Dinanath Pandey and others  which has been entertained  by this Court  in which the notices have been issued  and as an interim measure,  the proceedings  of Original Suit No. 222 of 2009, Smt. Krishna and others Vs. Deenath Pandey  and others  pending  before Additional Civil Judge/Additional C.J.M.  Gautam Budh Nagaar  has  been stayed.

In view of  above, he submits  that the present  appeal may be connected alongwith W.P. No.  23043 of  2012.

connect  this appeal  with W.P. No. 23043 of 2012. Issue notices to the respondent.  The appellant may take steps  to serve  by ordinary course as well as by Registered Post.

Since the matter relates to the Court Fee, the  State is  the interested  party and should be made as a party. The appellant is directed to implead the State as respondent no.7 and  serve a copy  to the learned standing counsel.

Order Date :- 14.5.2012

R