C.R. No.4411 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.4411 of 2006 Date of Decision: 28.2.2008 Major Singh .....Petitioner Vs. Smt.Murti Devi and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Rajinder Goyal, Advocate for the petitioner. Mr.Sushil Gautam, Advocate for the respondent no.1. ... RAJIVE BHALLA, J (Oral) Prayer in this petition is to set aside the order dated 6.6.2006, 8.6.2006 and the consequential order dated 25.7.2006, directing the plaintiff/petitioner to make up the deficiency in the Court fee. On 6.6.2006, the Additional Civil Judge (Senior Division), Kaithal passed the following order :- “Suit received by entrustment. Office report perused. Court fee furnished by the plaintiffs is not sufficient. Counsel for the plaintiffs seeks time for furnishing necessary court fee. Request allowed. Plaintiffs are directed to make good the deficiency of the court fee on or before 8.6.2006.” A perusal of the order discloses that without making any reference to the plaint, the Court fee already affixed or assigning any reason for its order, the learned trial Court proceeded to hold that the Court fee was insufficient and directed the plaintiff to make good the deficiency of Court C.R. No.4411 of 2006 2 fee. On 25.7.2006, the learned trial Court passed the following order :- “Counsel for the plaintiff has argued today that the plaintiff is not liable to make the deficiency of the Court fee. Since the orders for making good the deficiency of the Court fee has already been made and direction has been given to the plaintiff to make good the deficiency of the Court fee, the Court cannot review its order. Plaintiff has also not filed any review application against the order dated 6.6.2006 and order dated 8.6.2006. However, one more opportunity is given to the plaintiff to make good the deficiency of the Court fee and case is adjourned to 20.9.2006.” As the order dated 6.6.2006 was passed without assigning any reason, the learned trial Court had no jurisdiction to pass the order dated 25.7.2006. Consequently, the order dated 6.6.2006 is set aside and the learned trial Court is directed to consider the question of affixation of Court fee afresh, in accordance with law. As a result, the consequential order dated 25.7.2006 is also set aside. The learned trial court shall decide the issue of Court fee, within a period of one month, from the date of receipt of a certified copy of this order and if deemed appropriate by framing a preliminary issue. Disposed of in the aforementioned terms. 28.2.2008 ( RAJIVE BHALLA ) GS JUDGE