Madhya Pradesh High Court
Kailash Chandra Mittal vs Smt. Deepali Mittal on 1 March, 2017
1 WP.No.1464/2017
01.03.2017
Shri D.D. Bansal, learned counsel for the
petitioner.
Heard on admission.
The admission in IA No.1375/2017.
The petitioner has preferred this petition being
crestfallen by the order dated 01/02/2017 passed by
the trial Court whereby the application preferred by the
respondents/defendants under Order 7 Rule 11 of CPC
has been allowed on the question of valuation of the suit and petitioner has been directed to submit the Court fees within one month.
Learned counsel for the petitioner submits that the matter pertains to relief of declaration for annulment of relinquishment deed which has purportedly been signed by the petitioner/plaintiff. He submits that no consideration has been received in the said relinquishment deed and therefore the case does not fall under Section 7(iv)(c) of the Court Fees Act, therefore, he is liable to pay fixed Court fees.
Issue notice to the respondents on payment of process fees within three working days through ordinary as well as registered AD mode, failing which this petition shall stand dismissed without further reference to this Court. Notice be made returnable in six weeks.
Heard on IA No.1375/2017.
Till the next date of hearing, suit may proceed without insisting upon the petitioner to deposit of the Court fees.
List this case on 24th April, 2017.
(Anand Pathak) Judge.
Astha