Supreme Court - Daily Orders
Dr (Col.)Subhash Chandra Talwar vs T. Choithram And Sons . on 25 October, 2019
Bench: Deepak Gupta, Surya Kant
ITEM NO.48 COURT NO.14 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).18102/2013
(Arising out of impugned final judgment and order dated 04-05-2012
in CM No.8013/2012, 04-05-2012 in FAO No.459/2007 passed by the
High Court Of Delhi At New Delhi)
DR (COL.) SUBHASH CHANDRA TALWAR Petitioner(s)
VERSUS
T. CHOITHRAM AND SONS & ORS. Respondent(s)
Date : 25-10-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE SURYA KANT
For Petitioner(s)
Mr. Atishi Dipankar, AOR
For Respondent(s)
Mr. A.P. Dhamija, Adv.
Ms. Tanya Sharma, ADv.
Mr. Sarad Kumar Singhania, AOR
Mr. Sudhir Mendiratta, AOR
UPON hearing the counsel the Court made the following
O R D E R
The petitioner herein filed a suit for damages. The defendants filed a petition before the High Court under Order VII Rule 11 praying for dismissal of the suit on the ground of jurisdiction. That plea was accepted by the learned Single Judge.
On a review petition being filed, the learned Single Judge modified the order and rejection of the plaint was directed as against dismissal of the suit as ordered earlier. Signature Not Verified Digitally signed by ARJUN BISHT Date: 2019.10.26
The appeal filed by the petitioner was dismissed. However, the 12:56:31 IST Reason: plaint was ordered to be returned with liberty to file it before 1 the court of competent jurisdiction.
Thereafter, the petitioner filed an application for refund of the court fees. This application has been rejected only on the ground that the appeal has been disposed of on merits. We are unable to agree with the High Court. What has been disposed of is only the rejection order under Order VII Rule 10 of the Code of Civil Procedure. This is no order on the merits of the suit. The effect is that the plaint has been ordered to be returned to be filed in the appropriate Court. Therefore, the petitioner was entitled to refund of the court fees so that he can fix the court fee in the State where he would like to file the suit. We therefore set aside the order of the High Court and direct that the entire court fees be refunded to the petitioner.
The special leave petition is disposed of accordingly. Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (RENU KAPOOR)
COURT MASTER (SH) BRANCH OFFICER
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