High Court of Judicature at Allahabad
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Rashid @ Pappu And Others v. Ramesh Chandra And Others - WRIT - C No. 51120 of 2006  RD-AH 16079 (14 September 2006)
Hon. Tarun Agarwala,J.
Heard the learned counsel for the petitioners.
The suit was decreed and the defendants filed an appeal. During the pendency of the appeal, the defendants raised an objection with regard to the payment of the Court fee on the relief of possession claimed by the plaintiff. Since the issue of sufficiency of court fee was not considered nor raised before the trial court, the plaintiffs in order to avoid all controversies moved an application for payment of additional court fee of Rs.297.50 on the relief of possession. This application was allowed by the appellate court. In my view there is no error of law in the order of the appellate court permitting the opposite parties to deposit the court fee.
The writ petition is dismissed.
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