Gobindu Das Nath and ors. Vs. Sreemati Nitya Kali Dasi and ors. - Court Judgment
|Judge||Walmsley and ;Shamsul Huda, JJ.|
|Appellant||Gobindu Das Nath and ors.|
|Respondent||Sreemati Nitya Kali Dasi and ors.|
civil procedure code (act v of 1908), sections 115, 149 - order requiring plaintiff to pay additional court-fee--revision, whether lies--remedy, other, open to plaintiff, effect of. - .....115, civil procedure code. if he fails to deposit the sum which he has been ordered to pay, his suit will be dismissed and then he will have a right of appeal. that being so, i do not think we ought to interfere with the order passed by the court below in our revisional jurisdiction. the rule is, therefore, discharged with costs, three gold mohurs, to be divided. between the defendant no. 1 and the defendant no. 2. let the record be sent down without delay.shamsul huda, j.3. i agree.
1. This is a Rule calling on the opposite party to show cause why the order requiring the plaintiff to pay the deficit Court fee of Rs. 2,980 should not be set aside. It appears to me that the plaintiff has mistaken his remedy, or rather he has another remedy easily available to him and on that account we ought not to interfere under Section 115, Civil Procedure Code. If he fails to deposit the sum which he has been ordered to pay, his suit will be dismissed and then he will have a right of appeal. That being so, I do not think we ought to interfere with the order passed by the Court below in our revisional jurisdiction. The Rule is, therefore, discharged with costs, three gold mohurs, to be divided. between the defendant No. 1 and the defendant No. 2. Let the record be sent down without delay.
Shamsul Huda, J.
3. I agree.