C.R.No.3310 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.3310 of 2005 Date of Decision : 28.06.2010 Parveen Mittal ...Petitioner Versus Naresh Saran and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. A.K.Chopra, Sr. Advocate, with Mr. N.D.Kalra, Advocate, for the petitioner. Mr. Anil Kheterpal, Advocate, for respondent Nos.1 and 2. HEMANT GUPTA, J. (ORAL) The challenge in the revision is to the order passed by the learned first Appellate Court, whereby the judgment of the trial Court was set aside and the trial Court was directed to proceed with the suit without insisting for the payment of Court fee. Learned trial Court vide order dated 23.02.2005 directed the plaintiff to affix ad valorem Court fee. The said order was challenged by the plaintiff in Civil Revision No.1828 of 2005. On the other hand, since the ad valorem Court fee was not deposited by the plaintiff, the plaint was rejected vide order dated 30.3.2005. It is the said order, which was set aside by the first Appellate Court and the trial Court was directed to decide the suit on merits. In Civil Revision No.1828 of 2005, the plaintiff has been granted one month time to affix ad valorem Court fee. In view of the said C.R.No.3310 of 2005 2 fact, the present revision petition does not survive, as the plaintiff has been granted time to make up the deficiency in Court Fee. In view of the above, the present petition is dismissed as having been rendered infructuous. 28.06.2010 (HEMANT GUPTA) Vimal JUDGE