Ganesh vs Smt. Maya Devi
2021 Latest Caselaw 7663 MP

                                              [1]

THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
                   AT JABALPUR

                                (DIVISION BENCH)

                                 W.A. No. 1112 of 2021


 Ganesh                                                                      .....Appellant
                                           Versus
 Smt. Maya Devi and Others                                                .....Respondents
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 Coram :
                Hon'ble Mr. Justice Ravi Malimath, Chief Justice
                Hon'ble Mr. Justice Vishal Dhagat, Judge
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 Presence :
         Shri Om Prakash Tiwari, Advocate for the appellant.

        None for the respondents.

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                                    O R D E R (Oral)

(22/11/2021) Per : Vishal Dhagat, Judge.

Appellant has called in question dismissal of WP No.13752/2019 vide

order dated 06.07.2021.

2. Learned counsel appearing for the appellant submitted that trial Court

has decided issue No.5 against plaintiff/respondent No.1 and held that suit

was not properly valued and deficit Court fees was not paid on it. In view of

finding given on issue No.5, suit was dismissed but no order was passed to

recover deficit Court fees paid by plaintiff. Appellant filed an application

under Section 114 read with Section 151 of the Code of Criminal Procedure

for review of order but same was also dismissed. Writ Court also did not [2]

consider the grounds raised by petitioner and petition filed by petitioner was

wrongly dismissed.

3. Trial Court has considered issue No.5 and has given a finding of

improper valuation of suit and non-payment of deficit Court fees and civil suit

was dismissed. Writ Court did not find any error if judgment and decree for

recovering of Court fees is not passed by Civil Court. There is no illegality or

impropriety in writ Court's order.

4. Writ Appeal filed by appellant is dismissed.

          (RAVI MALIMATH)                                         (VISHAL DHAGAT)
            CHIEF JUSTICE                                              JUDGE

shabana