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2011 Supreme(P&H) 761

RAM CHAND GUPTA
Narinder Kumar – Appellant
Versus
Naresh Kumar – Respondent


Judgment

Ram Chand Gupta, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure (hereinafter to be referred as the Code) for setting aside the impugned order dated 19.1.2010, Annexure PI, passed by learned Civil Judge, Junior Division, Chandigarh, vide which application, Annexure P4, filed by contesting respondents No.l and 2 (defendants No.3 and 4) under Order VII Rule 1 sub Rule (1) read with Section 151 of the Code and under Section 7(iv)(c) of the court Fee Act, 1870 (hereinafter to be referred as the Act) was accepted and petitioner-plaintiff was directed to make the deficiency in court fee within one month, i.e., upto 19.2.2010.

2. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

3. Facts relevant for the decision of present revision petition are that a suit for declaration to the effect that Gift deed dated 16.2.2006 executed by defendant no.l in favour of defendant No.2 registered in the office of Sub Registrar, U.T., Chandigarh at Serial No.4905 Book No.l, Volume No.152, page










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