Rasbihari Sharma Son Of Shri ... vs Vijendra Singh Son Of Khemchand ...
2021 Latest Caselaw 3069 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 192/2021

Rasbihari Sharma Son Of Shri Biththal Das and anr.
                                                                 ----Appellants
                                  Versus
Vijendra Singh Son Of Khemchand Jat and ors.
                                                               ----Respondents

For Appellant(s) : Mr. Prahlad Sharma, Advocate

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/07/2021

This matter has come-up on an application (I.A. No.1/2021)

filed under Section 151 of CPC for passing appropriate order

regarding defect(s) pointed by the Registry.

It has been submitted that Office has pointed out the defect

that copy of the decree has not been filed along with the memo of

appeal. It has been further submitted that while passing impugned

judgment and decree dated 03.03.2021, the learned Court below

has given observations that after making payment of deficit court

fees, decree will be prepared, in such circumstances, the learned

court below has not prepared decree in the matter, therefore, copy

of the decree has not been filed along with memo of impugned

judgment. It is also submitted that the findings regarding

observations of deficit court fees are also under challenge in the

instant appeal and specific averments have been mentioned in the

memo of appeal. In such circumstances, controversy regarding

deficit court fees is to be decided by the Hon'ble Court in the

instant appeal. Hence, the defect pointed out by the Registry may

(2 of 2) [CFA-192/2021]

be overruled/dispensed with. Learned counsel for the appellant

has referred Order 41 Rule 1 of CPC.

Heard learned counsel for the appellants and perused the

record.

In view of the submissions and reasons mentioned in the

application, the application (I.A. No.1/2021) is allowed. Defect

pointed out by the Registry is waived at this stage.

Office to proceed accordingly.

List after one week.

(MANOJ KUMAR VYAS),J

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