VINIT KUMAR MATHUR,J. - (1.) Present writ petition has been filed against the order dated 03.03.2017, whereby an application preferred by the petitioner under Order 6, Rule 17 CPC has been rejected.
(2.) Briefly, the facts in the matter are that the petitioner's wards were admitted in the school of respondent No.1 i.e. Lala Kamlapat Singhaniya Education Centre, Gotan. By virtue of the petitioner being in the service of respondent No.2, the children of the petitioner were admitted in the school and were also granted certain concession on the payment of fees, being the ward of employee of respondent No.2. The petitioner was dismissed from the services of respondent No.2's employment in January, 2008. In these circumstances, the petitioner preferred a suit before the learned trial court, specifically praying therein that the respondent should not dislodge the wards of the petitioner from the Education Institute and their name should not be deleted from the register of their school. The petitioner also prayed in his suit that respondent No.1 should not stop the children of the petitioner from taking admission in other schools. The respondent No.1 and 2 have filed the written statements in the trial court wherein besides other contentions, in Para 6 of special objections of the written statement it has been contended that a fees of Rs. 1,76,185/- is due from the children of the petitioner and the same should be directed to be paid by the petitioner.
(3.) I have heard counsel for the petitioner who submits that because of the averments made in para 6, an amount due to the petitioner is being sought to be recovered. In these circumstances, the petitioner submits that after the services of the petitioner having been terminated, the ward of the petitioner are being charged a higher fees than the concessional rate and further proper education is not been imparted to the children of the petitioner. Learned counsel for the petitioner further submits that an amount of Rs. 1,42,772/- is sought to being recovered from the petitioner on account of fees due for imparting education to the children of petitioner.;