Mohammad Sabir Sheikh vs Muneer
2023 Latest Caselaw 2117 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE SA No. 1334 of 2022 (MOHAMMAD SABIR SHEIKH Vs MUNEER AND OTHERS)

Dated : 06-02-2023 Parties through their counsel.

Heard on the objection raised by the office as regards payment of Court fees.

This appeal has been preferred by defendant No.4 against the judgment and decree passed by both the Courts below in so far his counter claim has been dismissed.

On such counter claim the defendant No.4 had affixed a Court fees of Rs.460/- in the trial Court as well as the appellate Court. At that time no objection was raised either by the Court or by the other side as regards deficiency of the Court fees paid. In this appeal the appellant/defendant No.4 has valued his claim in appeal on the basis of the claim as made by him in the counter claim before the Courts below. He was required to and has paid the Court fees as has been paid by him before the Courts below.

At this stage recalculation of the Court fees as paid by defendant No.4 before the Courts below is not permissible. Thus holding that the Court fees

paid by the appellant is proper the objection as raised by the office is ignored. IA No.5227/2022 as filed in that regard is allowed.

As prayed, list along with S.A. No.598/2022.

(PRANAY VERMA) JUDGE

ns

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 10-02-2023 11:50:06