Dudhalal vs Karulal
2023 Latest Caselaw 527 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE SA No. 2736 of 2022 (DUDHALAL Vs KARULAL AND OTHERS)

Dated : 09-01-2023 Shri Suresh Kumar Surajmal Garg, learned counsel for the appellant.

The Office has raised objection about the deficit Court fees. Learned counsel for the appellant submits that the appellant filed the suit for declaration of title and permanent injunction and paid Court fees accordingly.

The learned Civil Court has granted decree of declaration and declined the decree of permanent injunction and possession against which he preferred an Appeal and paid the Court fees only in respect of permanent injunction, therefore, in the second appeal also he is liable to pay the Court fees of Rs.125/- which he paid in the First Appeal.

I have perused the order of the First Appellate Court. Vide the impugned judgment and decree dated 13.09.2022 the First appellate Court declared the decree of declaration as void because it was passed against a dead person. Hence, now in this second appeal the appellant is liable to pay the Court fees

for decree of declaration also.

The office has rightly raised an objection. Let the deficit Court fees be paid within four weeks. Office to list the appeal for hearing on pending I.As. Meanwhile, the record of the Courts below be requisitioned. List after four weeks.

(VIVEK RUSIA) Signature Not Verified Signed by: REENA JOSEPH Signing time: 10-01-2023 11:45:07

JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 10-01-2023 11:45:07