In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 3377 of 2008 (O&M)
Date of decision : 2.2.2009
Roshni and another ..... Petitioners
vs
Roshan Lal and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ravindra Jain, Advocate, for the petitioners.
Mr. Amanpal, Advocate, for respondents no. 1 and 3.
Mr. Aolk Jagga, Advocate, for respondent no. 4.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 28.4.2008
passed by the learned Civil Judge (Junior Division), Jagadhri, whereby in an
application filed by the respondents/defendants under Order VII Rule 11 CPC, the
petitioners/plaintiffs were directed to affix ad-valorem court-fee.
During the pendency of the petition before this court, the plaint filed
by the plaintiffs was rejected by the trial court on account of non-payment of court
fee as there was no interim order by this court. The petitioner has already filed an
appeal before the learned Lower Appellate Court against the order passed by the
learned trial Court.
In view of this development, learned counsel for the petitioners
submitted that the petitioners may be permitted to withdraw the present petition
with liberty to raise all the pleas, which have been raised in the present petition,
before the learned Lower Appellate Court in appeal filed against the order of the
learned trial court rejecting their plaint.
Dismissed as withdrawn with liberty as prayed for.
2.2.2009 ( Rajesh Bindal) vs. Judge