Sanjay Karol, J.-The plaintiff, who is the appellant herein, is aggrieved by order dated 26.9.2008 passed by Additional District Judge (Fast Track Court), Shimla, dismissing his application filed under Order 47 Rule 1, CPC seeking review of order dated 17.9.2008 directing the plaintiff to make good the deficiency in the court-fee, in terms of its earlier order dated 24.10.1995.

2. The plaintiff filed a suit for declaration to the effect that the provisions of Section 16 of the H.P. Town and Country Planning Act, 1977, are not applicable to the area of Village Badhai, Tehsil and District Shimla, H.P. and that no permission is required for raising any construction in the said area and further for a permanent prohibitory injunction restraining the defendant from taking any action against the construction raised in the said village under the provisions of the aforesaid Act.

3. The plaintiff is owner in possession of 1/16th share in land measuring 3 Biswas, out of the total land measuring 2 Bighas 15 Biswas, comprised in Khasra No.1308/503, Khata Khatauni No.73/107, situate in Village Badhai, Tehsil and District Shimla, H.P. He raised construction thereupon without taking statu