Daljit Singh And Others vs Municipal Council Rajpura
2024 Latest Caselaw 7988 P&H

Punjab-Haryana High Court

Daljit Singh And Others vs Municipal Council Rajpura on 16 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                           Neutral Citation No:=2024:PHHC:051686




CR-3353-2022(O&M)                                    2024:PHHC:051686
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137    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        CR-3353-2022(O&M)
                                        Date of decision :16.04.2024

Daljit Singh and others                              ...Petitioners

                                        Vs.

Municipal Council, Rajpura
and others                                           ...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:     Mr. Jogender Pandir, Advocate
             for the petitioners.

             Mr. Abhilaksh Gaind, Advocate and
             Mr. Rakesh Roy, Advocate
             for respondent No.1.

             Ms. R. Akansha, Advocate and
             Mr. Amit Rishi, Advocate
             for respondent No.14.

                           ****

ANIL KSHETARPAL, J. (Oral)

1. The petitioners herein are defendants in a suit filed by the

Municipal Council, Rajpura for grant of decree of declaration,

possession and permanent injunction. The application filed by the

defendants (petitioners) to reject the plaint on account of deficiency in

deposit of the Court fee has been dismissed. The correctness of such

order is challenged in this revision petition.

2. In view of the judgment passed by Hon'ble the Supreme

Court in 'Rathnavarmaraja Raja vs. Smt. Vimla' AIR 1961 SC 1299,

it has been held that further revision petition or appeal at the behest of

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Neutral Citation No:=2024:PHHC:051686

CR-3353-2022(O&M) 2024:PHHC:051686

defendants is not maintainable because primarily the issue of

deficiency in Court fee is between the plaintiff and the State.

3. Hence, the revision petition is dismissed, however, the

petitioners shall have liberty to pray before the trial Court for settling a

separate/distinct issue on the aforesaid objections.

                                                     (ANIL KSHETARPAL)
16.04.2024                                                 JUDGE
neeraj       Whether speaking/reasoned :         Yes         No
             Whether Reportable :                Yes         No




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