DHARAMJIT SINGH Vs. LAKHAN

JUDGEMENT

(1.) The petitioners have filed this writ petition against the orders dtd. 10/5/2022 and 22/11/2022 passed by the Civil Judge Class-II, Rajpur, in unregistered civil suit, whereby prior to registration of civil suit the trial Court has directed the petitioners/plaintiffs to pay requisite court fees as per market value of the land though the land is pertaining to agricultural land.

(2.) Brief facts of the case are that the petitioners / plaintiffs filed a suit for declaration of title, partition and injunction on the basis of joint family property. The land in question was revenue paying land, therefore, the suit was valued on the basis of land revenue, to which valuation was made. However, prior to registration of civil suit, erroneous suo-moto objection was raised by the trial Court with regard to payment of requisite court fees. Hence, this writ petition.

(3.) Learned counsel for the petitioners submits that the impugned orders passed by the trial Court are arbitrary, illegal and against the eye of law, which deserve to be quashed.