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2019 Supreme(HP) 806

SURESHWAR THAKUR
Parminder Singh – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
Dinesh Chander Sharma, Adv., Hemant Vaid, Adv., Y.S. Thakur, Adv., Vikrant Chandel, Adv.

JUDGMENT :

Sureshwar Thakur, J.

The plaintiff is aggrieved, by, rejection of his plaint, hence by the learned trial Court, through its, recoursing, the, mandate, under, Order 7 Rule 11 CPC. He submits that the learned trial Judge concerned, has not, both understood, the, subtle import thereof nor also aptly applied, vis-a-vis, the averments, cast, in, the plaint, the apt mandate, of, clause (c), of, Order 7 Rule 11 CPC, provisions whereof, are, extracted hereinafter:-

    "where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so"

(i) ,and, he further there onwards also submits, that, the learned trial judge, has, fallaciously, made the impugned order, upon, an untenable anvil qua (ii given the plaintiff, despite earlier, hence being granted, several opportunities, for affixing court fee, on the plaint, carrying advalorem valuation, vis-a-vis, the valuation of the suit, hence, for the purpose of jurisdiction, yet, his failing to render compliance therewith, (ii) as, apparently he has not made an apt defe

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