Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5601 of 2019 Petitioner :- Brijraj Maurya And 3 Others Respondent :- Munshi Ram Maurya Counsel for Petitioner :- Rupendra Kumar Mishra
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed challenging the order of trial court dated 14.02.2019 on issue nos.3 and 4 as well as the order dated 04.05.2019, whereby recall application for recall of the order dated 14.02.2019 has been rejected.
Issue no.3 was regarding valuation and payment of court fees and issue no.4 was regarding pecuniary jurisdiction.
The trial court has decided these issues in favour of the plaintiff/respondent. The recall application filed by the petitioner has been rejected on the ground that the order deciding the issues was passed on merits. The trial court has observed that no material has been brought on record by the defendant to prove that the valuation is not properly made and the court fees paid is insufficient. While deciding issue no.4, it has observed that no material has been brought on record to show that the trial court lacks jurisdiction.
Having heard learned counsel for the petitioner, this court finds no good ground to interfere with the findings recorded by the trial court on the above issues in exercise of supervisory power under Article 227 of the Constitution.
The petition is consequently dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 25.7.2019 Atul