Jk Lakshmi Cement Ltd vs Gagandeep And Ors
2024 Latest Caselaw 18997 P&H

Punjab-Haryana High Court

Jk Lakshmi Cement Ltd vs Gagandeep And Ors on 28 October, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                      Neutral Citation No:=2024:PHHC:141334



CR-6269-2024                                                                  1




128
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                              CR-6269-2024
                                              Date of decision: 28.10.2024
JK Lakshmi Cement Limited
                                                                  ...Petitioner
                                   Versus

Gagandeep and others
                                                                ...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:    Mr. J.S. Chandail, Advocate and
            Mr. Aman Kumar, Advocate
            for the petitioner.

              ****
VIKAS BAHL, J. (ORAL)

1. Present revision petition has been filed under Article 227 of the

Constitution of India for setting aside the impugned order dated 05.07.2024

passed by the learned Civil Judge (Sr. Division), Hoshiarpur in Civil Suit

No.33/2021 titled as 'Gagandeep Vs. JK Lakshmi Cement Ltd. & Ors.', vide

which the application under Order VII Rule 11 CPC filed by the petitioner

for rejection of the plaint for non-affixation of the requisite court fee by

respondent No.1 has been dismissed.

2. Faced with the law laid down by a Full Bench of this Court in

Civil Revision No.351 of 1974, decided on 25.04.1977 titled as 'Arjan

Motors Vs. Girdhara Singh and others' and also in the judgment of

Coordinate Bench of this Court in 'Arun Kumar Goyal Vs. Payal

Aggarwal', reported as 2013(4) R.C.R. (Civil) 93, holding that the revision

petition is not maintainable against the decision of Court fee and also the

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Neutral Citation No:=2024:PHHC:141334

fact that as per the petitioner the issue with respect to the Court fee has

already been framed, learned counsel for the petitioner has submitted that he

be permitted to withdraw the present revision petition with a liberty to raise

all pleas during the course of trial in accordance with law. Learned counsel

for the petitioner has further submitted that the present suit is of the year

2021 and has prayed that the trial Court be directed to decide the suit

expeditiously.

3. Dismissed as withdrawn, with the aforesaid liberty. However,

the trial Court is requested to decide the suit as expeditiously as possible.

28.10.2024                                                       (VIKAS BAHL)
Satyawan                                                            JUDGE
             Whether speaking/reasoned:- Yes/No

             Whether reportable:-              Yes/No




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