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1995 Supreme(All) 141

O.P.JAIN
NARAIN AGRICULTURAL CORPORATION – Appellant
Versus
ALLAHABAD BANK – Respondent


Advocates Appeared:
R.K.Kakar, S.K.VERMA

O. P. JAIN, J.

( 1 ) THIS revision is directed against the order passed by Sri Jagdishwar Singh, Civil Judge, Azamgarh on 10-11-1993 by which an application under Sections 148, 149 and 151, C. P. C. was allowed and the suit which was dismissed under Order 7, Rule 11, C. P. C. on 1-7-1992 was restored.

( 2 ) THERE is not much dispute about the facts. The respondent-Bank filed a suit for the recovery of Rs. 30,37,564. 00 against the present revisionist. The suit was filed on 22-12-1990 and time was sought for payment of court-fee which was granted. On 12-4-1991 the Bank purchased court-fee stamps worth Rupees 2,30,300/- from the Treasury and handed over the same to its counsel Sri Shyam Sunder Tripathi. Sri S. S. Tripathi filed court-fee stamps worth Rs. 3,000. 00 on Ist Aug. , 1991, stamps worth Rs. 5,000. 00 on 3-12-1991 and stamps worth Rs. 5,000. 00 on 27-2-1992. The remaining court-fee was not paid by Sri S. S. Tripathi, Advocate for the Bank and, therefore, the Court rejected the plaint under Order 7, Rule 11, C. P. C. on 1-7-1992.

( 3 ) IN spite of the rejection of the plaint on 1-7-1992 the advocate (Sri S. S. Tripathi) repeatedly informed the Bank in writing that the suit is



























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