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G. S. AHLUWALIA
Kamlesh Babu Shakya – Appellant
Versus
Rakesh Babu Shakya – Respondent
ORDER
1. This revision under section 115 of CPC has been filed against the order dated 30.4.2025 passed by Second Additional Sessions Judge, Gohad, District Bhind passed in MCA No. 25/2022.
2. It is really surprising that the Presiding Officer was exercising the civil jurisdiction but still he has signed the order in the capacity of Second Additional Sessions Judge, Gohad, District Bhind. Either the concerning Presiding Officer is not aware of distinction between civil jurisdiction and criminal jurisdiction or he is negligent in signing the orders.
3. The facts necessary for disposal of this revision in short are that respondent / plaintiff filed a civil suit. On 17.5.2006, a direction was given to the respondent / plaintiff to pay the process fee for service of notice on defendant No. 3. However, the process fee was not paid. Thereafter, on 26.8.2006, an application was filed by the respondent / plaintiff seeking permission to pay the process fee which was allowed. In spite of that, process fee was not paid. On 26.8.2006, 25.9.2006, 16.11.2006, and 23.12.2006, process fee was not paid for service of notice on defendant No. 3. On 25.1.2007, neither plaintiff nor his counsel was presen
The Trial Court lacked jurisdiction to proceed ex parte when the matter was fixed for interlocutory proceedings, leading to the ex parte decree being set aside.
Timely compliance with orders for amendment and court fees is mandatory, with failure resulting in dismissal for non-prosecution; dismissal is not automatic upon failure to pay fees without a specifi....
Non-compliance with court orders for amendment and court fees deposit can lead to dismissal of the suit for default and non-prosecution.
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