DHARAM RAO Vs. SHAFIQ AHMED KHAN

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) The petitioner has filed the instant writ petition challenging the order dtd. 21/9/2015 passed by Additional District Judge (FTC), Rajnandgaon passed in Civil Suit No.8-A/2014 whereby the trial Court has allowed the application filed by defendant No.1 - late Shafiq Ahmed and called upon the petitioner/plaintiff to pay advalorem courts fees.

(3.) Shri Sharma, learned counsel for the plaintiff/petitioner would submit that plaintiff has filed a suit for declaration and permanent injunction. In the plaint, it is specifically averred that he got a loan of Rs.10.00 lacs from the respondent/defendant late Shafiq Ahmed and for the security of the said loan a sale deed dtd. 26/6/2012 was executed. Though the plaintiff approached the respondent for repaying the loan and to discharge the debt however, the defendant denied repayment and also re-conveyance of the suit property, so the suit has been filed. He also submits that the plaintiff has paid fixed court fees which has been valued properly but the trial Court has erroneously held that ad-valorem is required.