Atta @ Atim Ahmad vs Rajendra Goyal
2022 Latest Caselaw 5680 MP

                                               1
                          IN THE HIGH COURT OF MADHYA PRADESH
                                       AT GWALIOR
                                        MP No. 1725 of 2022
                             (ATTA @ ATIM AHMAD Vs RAJENDRA GOYAL AND OTHERS)

Dated : 19-04-2022
            Shri R.K.Soni, learned counsel for the petitioner.

            Shri Devendra Chaubey, learned Govt. Advocate for the State.
            Heard on admission and interim relief.
            Petitioner is aggrieved by order dated 09.03.2022 (Annexure P/1) passed by
the trial Court, whereby an application under Order 7 Rule 11 CPC preferred by
the respondents/defendants has been partly allowed and petitioner/plaintiff has

been directed to pay advalorem court fees as per Section 7 (iv) (c) of the Court Fees Act, whereas according to the petitioner he sought declaration in respect of instruments in which neither the party nor signatory is void and therefore, case falls under Article 17 Schedule 2 of the Court Fees, whereby fixed court fees is to be required. He relied upon the judgment passed by the Apex Court in the case of Sunil and Others Vs. Avadhnarayan and Others, 2010 (4) MPLJ 431.

Is s ue notice to the respondents on payment of process fee through Registered A.D. mode within a period of seven working days, returnable within four weeks.

Till next date of hearing, suit proceedings may continue without insisting upon the court fees. It is made clear that if petition is dismissed then petitioner shall have to pay the courts fees as required.

(ANAND PATHAK) JUDGE

AK/-

ANAND KUMAR 2022.04.20 14:49:06 +05'30'