Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83741
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1878 of 2024 Petitioner :- Shyam Singh Respondent :- Smt Pushpa And Another Counsel for Petitioner :- Dhiraj Kumar Upadhyay,Shubham Srivastava Hon'ble Rohit Ranjan Agarwal,J. This is defendant's petition. In the suit instituted by plaintiff- respondent, an application under Order VII Rule 11 CPC was moved by defendant-petitioner which was rejected by trial court against which a civil revision was preferred which has also been rejected.
Learned counsel for the petitioner submits that the plaintiff has not paid the entire court fees. He further contends that suit is barred. After hearing learned counsel for the parties and perusing the material on record, I find that no interference is required in the orders impugned. Moreover, the issue of court fees is between plaintiff and the court and defendant has no right to raise the said issue. He can only agitate the matter in regard to valuation of the suit. However, as to maintainability of the suit when the issues are framed and decided, the defendant-petitioner shall have the right to place the fact before the trial court. No case for interference is made out. Writ petition fails and is hereby dismissed.
Order Date :- 19.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad