S.B. Civil Writ Petition No. 5420/2008 Hari Ram Vs. Laxmi Narayan and Anr. Date of order : 23.03.2009 HON'BLE MR.GOPAL KRISHAN VYAS,J. Mr. Vijay Aggarwal, for the petitioner. Mr. R.S. Saluja, for the respondents. Heard learned counsel for the parties. It is contended by the learned counsel for the petitioner that in a suit pending before the Additional District Judge, Sangariya, an application was moved by the petitioner for passing an order for payment of due stamp fees on the reciepts. The application of the petitioner was rejected solely on the ground of delay. I am of the opinion, that in view of the judgment of the Hon'ble Supreme Court reported in AIR 1961 SC 787, the application is required to be decided on merits. Therefore, while following the adjudication made by the Hon'ble Apex Court in AIR 1961 SC 787, the order impugned dated 8.7.2008 (Annexure-7) is hereby quashed and set-aside and the matter is hereby remitted to the Additional District Judge, Sangariya for deciding the application of the petitioner on merits within a period of one week from the date of submitting certified copy of the this order. (GOPAL KRISHAN VYAS)J. Rm/