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2006 Supreme(J&K) 49

MANSOOR AHMAD MIR
Bright Way Cars Clinic & Anr. – Appellant
Versus
Central Bank Of India And Ors. – Respondent


Advocates Appeared:
Advocate For Appellant: Altaf Haqani
Advocate For Respondent: None

1. In terms of note of the Registry, appellant has not deposited the court fee.

Mr. Haqani, learned counsel for appellants, disputed the correctness of the note of the Registry on the premises that the appellants are not required to pay the court fees because it is to be paid only once which the respondent (plaintiff) had paid at the time of filing of the suit which came to be decreed. Thus the appellants are not required to pay court fee.

Heard. Perused. Considered.

2. It appears that plaintiff had filed a suit before the trial court for recovery of Rs.28,20,542/- along with interest thereon pendentilite and future interest at the rate of 16.5% w.e.f. 31.03.2001 till final liquidation of the decretal amount. The defendant filed written statement before the trial court and trial court framed issues in the suit. The parties lead evidence and after hearing learned counsel for parties, trial court passed judgment dated 29.07.2005 and decreed the suit in favour of respondent No.1 against the appellants and respondents 2 and 3.

3. Appellant feeling aggrieved of the said judgment and decree filed this appeal and prayed that the impugned judgment and decree be set-aside. Appellant has virtual







































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