2017 (6) ALJ 471 ::(2017) 135 RevDec 114 ::(2017) 2 All RentCas 402 ::(2017) 3 ADJ 561 (ALL)

Allahabad High Court

Hon'ble Judge(s): Manoj Misra , J

Court-fees Act (7 of 1870) , S.6— Civil P.C. (5 of 1908) , O.39 R.1— (U.P. Amendment) - Temporary injunction - Objection by defendant that suit is under-valued and consequently court-fee paid is inadequate - Court dealing with temporary injunction application - Only required to satisfy itself prima facie whether suit is properly valued or not - It need not record finding on question of valuation. Direction issued to Plaintiff to make good deficiency in court fee, In event, he files appeal @ALJ-VOLVI-Page-472 against said order without depositing court fee directed to be deposited by order under appeal, all proceedings in suit would be stayed and all interim orders made, including order granting injunction or appointing receiver shall stand discharged. Legislature therefore envisage situation where court granted interim relief before deciding issues pertaining to valuation and sufficiency of court fee. Such view also sub serves interest of justice because otherwise it would be open to defendant to grant urgent interim relief by setting up bogus claim of insufficient valuation as well as court fee paid. If court concludes that suit is under valued or that court fee paid is insufficient, it can direct plaintiff to deposit such court fee and in case of Non deposition of court fee, plaint can be rejected under O. VII, R. 11 (b)(c) of....