Heard Sri Madhur Kant Srivastava learned counsel for the revisionist and Sri Shiv Shanker Sen for opposite parties no. 3 to 7.
Revisionist has challenged the order dated 8.4.2013 passed by learned Civil Judge (S.D.) Gonda in Regular Suit No. 537 of 2011; M/S. Hotel Shiv Shakti and others vs. U.P.F.C. and others). The amendment application moved by the plaintiff regarding the court fees has been rejected by the court. It has been observed that the value of the hotel in question is 50 lacs as was mentioned by the plaintiff himself when he had filed suit for permanent injunction. He says later on his hotel was auctioned to the opposite parties at the market value of Rs. 18 lacs. Two sale deeds in this regard have been placed as evidence of the sale deed. The plaintiff / revisionist has moved amendment application that he may be allowed to pay the court fees according to the market value of the hotel. The same has been rejected by the court on the ground that such an amendment for paying the lessor court fees is not maintainable.
The revisionist has relied upon the case of Civil Revision (Defective) No. 110 of 2009 ( Suresh Chandra Yadav and another vs. Prashant Arora and others) His Lordship in this judgment has held that such an amendment is permissible.
The court is in respectful amendment with the aforesaid judgment.
Accordingly, the order dated 8.4.2013 passed by learned Civil Judge (S.D.) Gonda in Regular Suit No. 537 of 2011; M/S. Hotel Shiv Shakti and others vs. U.P.F.C. and others), as contained in Annexure no. 1 to this revision is set aside.
The revision succeeds and is allowed.
Amendment should be allowed.
Order Date :- 23.4.2014/Om.