SHUCHITA v. SUB-DIVISIONAL OFFICER, BETUL (M. P. )
2015-08-25
S.K.GANGELE
body2015
DigiLaw.ai
ORDER : S.K. Gangele, J. Shri P. Khandelwal, learned counsel for the petitioner. This petition has been filed against the order dated 28-4-2015 passed in C.S. No. 32-A/15. By the aforesaid order, the trial Court rejected the application filed by the petitioner-plaintiff under section 151 of Civil Procedure Code. Originally the plaintiff filed a suit to the effect that the amount of compensation which was fixed by an award be paid to him because he had purchased the land. The trial Court ordered that the plaintiff-petitioner shall pay the ad valorem Court fee on the amount of compensation. Thereafter, the petitioner-plaintiff filed an application for amendment of the plaint. He prayed a relief that he be declared owner of the land which was acquired by the Government. It was rejected by the trial Court and the suit was dismissed. Then the petitioner filed an appeal before the appellate Court. The appellate Court allowed the appeal. 2. Thereafter, the petitioner filed an application under section 151 of Civil Procedure Code mentioning the fact that he is not required to pay the ad valorem Court fee. That has been rejected by the trial Court. 3. The petitioner claimed a relief that he be given compensation and subsequently he amended the plaint and claimed a relief that declaration be passed that he is the owner of the suit property, which was acquired by him. However, the fact remains that substantive relief of the plaintiff is in regard to compensation because at the present stage simple declaration has no meaning. Actually the plaintiff wants compensation. In such circumstances, in my opinion, the trial Court has rightly ordered the plaintiff to pay ad valorem Court fee. No error of jurisdiction has been committed by the trial Court while passing the order. I do not find any merit in this petition. It is hereby dismissed. No order as to costs.