1 fa700-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 700 OF 2011 ALONGWITH CIVIL APPLICATION NO.1343 OF 2011 Rehan Abdul Samad Khan .. Appellant V/s. The State of Maharashtra & Ors. .. Respondents .... Mr. A. M. Saraogi for the appellant. Mr. Vinod Mahadik for respondent No.2 – BMC. Mr. A. J. Almeida for respondent No.3. .... CORAM : A.S.OKA, J. DATE : JUNE 30, 2011. P.C.: Considering the narrow controversy involved, the Appeal is taken up for final disposal. 2. Heard the learned counsel appearing for the appellant, the learned counsel appearing for the second respondent and the learned counsel appearing for the third respondent. 3. The appellant is the original plaintiff. On 4th January, 2010, the trial Court directed the appellant to value the claim on the the market price of the suit property and to pay necessary Court fees 2 fa700-11 payable under Section 6 (iv)(d) of the Bombay Court Fees Act within a period of three weeks. As the said order was not complied with, by the impugned Judgment and order dated 19th April, 2010, the plaint was rejected in exercise of power under Rule 11(b) of Order VII of the Code of Civil Procedure, 1908. 4. The learned counsel appearing for the appellant on instructions states that the appellant is accepting the correctness of the order dated 4th January, 2010 and, therefore, a reasonable time be granted to comply with the said order. 5. Plaint has been rejected only on the ground that the appellant did not comply with the said order dated 4th January, 2010. Now, the appellant has shown the readiness and willingness to comply with the said order. Therefore, a reasonable time deserves to be granted to comply with the said order. 6. Hence, the impugned order is required to set aside only on the basis of the statement made by the learned counsel appearing for the appellant. 7. Hence, I pass the following order: 3 fa700-11 :: O R D E R :: i. The impugned order dated 6th April, 2010 is quashed and set aside. ii. Time is granted till 31st July, 2011 to the plaintiff to comply with the order dated 4th January, 2010. If compliance is not made within the stipulated time, the impugned order of rejection of the plaint will stand restored. iii. Appeal is allowed on the above terms with no order as to costs. iv. The trial Court to act upon a copy of the Judgment and order duly authenticated by the registry. v. Civil Application No. 1343 of 2011 does not survive and the same is disposed of. (A.S.OKA, J.)