M.M.Kumar, J.

1. This petition filed under Section 115 of the Code of Civil Procedure, 1908 prays for setting aside order Dated 22.7.2003 passed by the Civil Judge (Jr. Divn.) Ludhiana, dismissing the application of the defendant petitioner in which prayer as made that suit of the plaintiff-respondent under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure (for short, "the Code") be rejected on account of non-payment of court fee.

2. The plaintiff-respondent has filed Civil Suit No. 27 on 14,1,2003 seeking rendition of account of the dissolved firm M/s Triveni Processor, B-XXXII-736/16, Bahadurke Road, Dying Complex, Ludhiana and also sought permanent injunction restraining defendant-petitioner from carrying on a similar business in the firm name or from using , any of the property of the firm for his own benefit until the affairs of the firm have been completely wound up. Another relief prayed was for restraining the defendant-petitioner from alienating or disposing of the assets of the firm, in any manner whatsoever.

3. During the pendency of the suit, the defendant-petitioner filed an application with the averment that plaintiff-respondent herself has