THE HONOURABLE SRI JUSTICE K.SARATH

I.A.No.2 of 2025

in/and

CIVIL REVISION PETITION No.3534 OF 2025

ORDER:

This Civil Revision Petition is filed aggrieved by the Docket

Order dated 08.07.2025 passed in O.S.SR.No.1035/2025 by the

Principal District and Sessions Judge, Bhongir.

2. Heard Sri Kunal Kakkad, learned counsel

representing Sri B.Mohan, learned counsel for the petitioner

and perused the entire material on record.

3. Learned counsel for the petitioner submits that the

suit filed by the petitioner was returned on the ground that the petitioner/plaintiff sought relief for Rs.7,00,70,000/- but the petitioner paid court fee only to the extent of Rs.72,526/-. The counsel for the plaintiff in the said suit submitted that the plaintiff would give undertaking that if the suit ends in his favour then he will pay the court fee on alternative relief. However, the Court fee to be paid by the party should not be

conditional depending on the happening of some future event. Therefore, it is not as if the plaintiff complied the objections and hence, the suit was returned. Aggrieved by the said action, the petitioner preferred the present CRP.

4. Learned counsel for the petitioner further submits that the petitioner had given an undertaking to pay the amount for deficit Court fee within four (04) months from today by filing I.A.No.2 of 2025 in C.R.P.No.3534 of 2025 under Section 149 of C.P.C. In view of the same, learned counsel requested to set aside the docket order dated 08.07.2025 in O.S.SR.No.1035 /2025 passed by the Principal District and Sessions Judge, Bhongir and direct the trial Court to number the suit and grant time to pay deficit Court fee under Section 149 of the Code of Civil Procedure.

5. After hearing the learned counsel for the petitioner and on a perusal of the material available on record, without going into merits of the case, the I.A.No.2 of 2025 in C.R.P.No.3534 of 2025 as well as the C.R.P.No.3534 of 2025 are disposed of directing the Principal District and Sessions Judge, Bhongir to number the O.S.SR.No.1035/2025 filed by the revision petitioner, on its file, subject to condition that the petitioner has to deposit the deficit Court fee within three (03)

months from the date of receipt of copy of this order.

Miscellaneous petitions pending, if any, in this revision petition shall stand closed.

_____________________ JUSTICE K.SARATH Date: 26.09.2025 Note: Furnish C.C. by 07.09.2025.

(B/o)

spk