Kamla Bai vs Sanmaan Singh
2024 Latest Caselaw 21277 MP

Madhya Pradesh High Court

Kamla Bai vs Sanmaan Singh on 6 August, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                                  1                                  MP-4276-2024
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT GWALIOR
                                                            MP No. 4276 of 2024
                                               (KAMLA BAI AND OTHERS Vs SANMAAN SINGH AND OTHERS )



                           Dated : 06-08-2024
                                 Shri S.K. Shrivastava - Advocate for the petitioners.

                                 Heard on admission as well as on stay.
                                 Petitioners are aggrieved by the order dated 11-07-2024 passed by the appellate
                           Court whereby application under Order VII Rule 11 CPC preferred by petitioners/
                           defendants has been rejected on the ground that deficit Court fee is not required to be
                           paid by the respondents/ plaintiffs.

It is the submission of learned counsel for the petitioners that the trial Court dismissed the suit on many grounds including the ground of deficit Court fee and directed plaintiffs to deposit the deficit Court fee. Plaintiffs/Respondents challanged the said judgment and decree in the first appeal without paying deficit Court fee.

As submitted, respondents/ plaintiffs first have to pay the deficit Court fee only then they can advance arguments in the first appeal. He relied upon the judgment of the Full Bench in the case of Apparao Sheshrao Deshmukh V. Mt. Bhagubai w/o Yeshwantrao Deshmukh and Others, AIR 1949 Nagpur 1 in which this controversy has been settled.

Issue notice to the respondents on payment of PF through RAD mode within

three working days. Notice be made returnable within two weeks.

Till next date of hearing, proceedings pending before the trial Court shall remain stayed.

List after service of notice.

(ANAND PATHAK) JUDGE

2 MP-4276-2024 VC