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Neutral Citation No. - 2025:AHC:132566 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8635 of 2025 Petitioner :- Mohd. Shahid Respondent :- Chaudhary Hamid Ali Counsel for Petitioner :- Gautam,Mohd. Shamim Hon'ble Manish Kumar Nigam,J.
1. The present petition has been filed with the following prayer:
"Issue a order or direction to set aside the impugned
judgment/order dated 12.08.2024 and Formal order dated 06.09.2024 on an application 45 Ga under Section 151 CPC (Annexure no.8 to the petition) as well as the Order dated on an issue no.3 (Annexure no.4 to the petition) passed by the learned Additional Civil Judge (S.D.) Court No.1, Meerut in Original Suit bearing O.S. No.262 of 2021 (Chaudhary Hamid Ali vs. Mohd. Shahid)."
2. This petition has been filed challenging the order dated 12.08.2024 as well as order dated 06.09.2024.
3. Contention learned counsel for the petitioner is that the court fees paid by the plaintiff in the suit was not sufficient and therefore, he moved an application under Section 151 to decide whether the court fees have been paid correctly or not. The said application has been rejected by the trial court and the revision filed by the petitioner has also been rejected on the ground that issue of court fees and the objections have been decided by
order dated 16.08.2022 which has not been challenged. Even otherwise, also the defendant has no right to challenge the order deciding issue of court fees, if court fees is a matter between the plaintiff and the State and this issue can only be raised by the defendants, in case, with the change of valuation, there is a consequential change of jurisdiction of the court otherwise not.
4. In view of these, no illegality has been committed by the trial court.
5. Accordingly, the present petition is dismissed.
Order Date :- 6.8.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad