Smt. Vijay D/O Shri Bhagwan Singh ... vs Smt. Jaya D/O Late Shri Bhagwan ...
2022 Latest Caselaw 6247 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                   S.B. Civil First Appeal No. 528/2022

Smt. Vijay D/o Shri Bhagwan Singh W/o Promod
                                                                      ----Appellant
                                     Versus
Smt. Jaya D/o Late Shri Bhagwan Singh W/o Promod & Ors.
                                                                  ----Respondent

For Appellant(s) : Mr. Nikhlesh Katara For Respondent(s) : Mr. J.K. Moolchandani

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

19/09/2022

Learned counsel for appellant submits that the valuation of

appeal has been made alike to the valuation of suit and same

court fee which was paid by the appellant in the court of first

instance, has been paid in the first appeal, therefore, the defect

pointed out by the Office is relating to non-payment of court fee

according to the valuation be waived.

It appears that the appellant-plaintiff has filed civil suit for

declaration of the gift deed dated 14.08.2014 as null and void and

in the suit, a fixed court fee of Rs.300/- was paid. No objection

with regard to the improper valuation of suit, insufficiency of court

fee was raised during the course of trial. Application has been

determined in the impugned judgment dated 15.07.2022,

therefore, the court fee paid by the appellant in the first appeal

has paid before the trial court is treated as sufficient and defect is

waived.

As far as defect relating to the non-filing of the gift deed

dated 14.08.2014 is concerned, this is the document for which the

(2 of 2) [CFA-528/2022]

appellant-plaintiff has filed the civil suit for seeking declaration,

therefore, this is part of record of the trial court and no need to

place on record separately with the memo of appeal. Accordingly,

the second defect is also waived.

Application (I.A.No.1/2022) stands disposed of.

List this appeal for admission on 19.10.2022.

(SUDESH BANSAL),J

TN/23

Powered by TCPDF (www.tcpdf.org)