DEEPAK KUMAR TIWARI
Samar Singh Bisen S/o Late Shri R. S. Bisen – Appellant
Versus
Chhattisgarh Kiraya Bhandar Through its Sole Proprietor Shashank Yadu – Respondent
JUDGMENT :
1. Learned counsel for the parties would submit that respondent No.2/defendant No.2 was ex-parte before the Court below, which is also reflected from the order sheet dated 27.11.2019 in Civil Suit No.294 A/2018. The notice issued by this Court to respondent No.2 is also returned unserved with a note that respondent No.2 is not living in the said address.
2. Learned counsel for the parties would submit that at present, the main contesting party is defendant No.1, who has moved an application under Order 7 Rule 11 of CPC.
3. In view of the above, notice to respondent No.2 is dispensed with.
4. With the consent of the learned counsel for the parties, the matter is heard finally.
5. Being aggrieved with the order dated 5.12.2019 passed by the Seventh Additional Judge to First Civil Judge Class-II, Raipur in Civil Suit No.294A/18, whereby, the application preferred by defendant No.1/respondent No.1 under Order 7 Rule 11 read with Section 151 of CPC on the grounds that the suit was not properly valued and also there is deficiency in the Court Fees, was allowed and the petitioner/plaintiff was directed to pay the Court Fees on the basis of the market value of the suit property as pe
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