Shyam Prakaash Sharma vs Prahlad Singh Through Lrs And ...
2022 Latest Caselaw 4032 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil First Appeal No. 388/2016

Shyam Prakaash Sharma
                                                                    ----Appellant
                                    Versus
Prahlad Singh Through Lrs And Others
                                                                 ----Respondents

For Appellant(s) : Mr. M.M. Ranjan, Sr. Advocate assisted by Mr. Daulat Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

23/05/2022

Appellant-plaintiff has filed a civil suit for damages to the

tune of Rs.3,50,000/- on which ad valorem court fee of

Rs.23,400/- was paid before the court of first instance.

The suit bearing No.494/2009 (CIS No.1012/2014) has been

dismissed by the trial court vide judgment and decree dated

31.05.2016.

On perusal of judgment and decree dated 31.05.2016, it

appears that there is a mention that stamp of Rs.225/- has been

paid whereas the record of the trial court goes to show that

additional stamps for court fees of Rs.23,400/- were produced on

01.12.2009.

Due to wrong mentioning of amount of court fees of Rs.225/-

only in the decree, the Stamp Reporter of High Court has passed

the first appeal merely on payment of the court fees of Rs.225/-

by the appellant.

(2 of 2) [CFA-388/2016]

This Court deems it just and proper to hold an inquiry into

the matter and the District Judge, Jaipur Metropolitan-I, Jaipur is

directed to hold an inquiry against the concerned persons who

prepared the decree and did not mention the correct amount of

court fees paid in the suit before the trial court.

Record of the trial court be returned back.

Inquiry be concluded within a period of two months.

List the appeal again on 19.07.2022.

In the meanwhile, appellant, in the present appeal, may file

the deficit court fees before the High Court.

(SUDESH BANSAL),J

SAURABH/22

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