JAGDISH BHAI PATEL Vs. RAUNAK PATEL

JUDGEMENT

(1.) This petition has been filed by the petitioner being aggrieved with the order dtd. 18/1/2023 passed in Civil Suit No.14-A/2021 by the Third Additional District Judge, Rajnandgaon, whereby, the application preferred by the respondents/defendants 2, 3 and 4 under Order 7 Rule 11 of the CPC has been partly allowed and the petitioner/plaintiff has been directed to pay the ad-valorem court fees in accordance with the value of the impugned registered gift deed dtd. 11/3/2016 within a period of one month, failing which, the plaint shall be rejected.

(2.) Brief facts of the case are that the petitioner/plaintiff filed a civil suit stating that the respondent/defendant No.1 is the real son of the petitioner and a registered gift deed was executed by him on 11/3/2016 in favour of respondent No.1 with a condition that respondent No.1 shall not further alienate the said property. In breach of the said condition, respondent No.1 sold the suit property to respondents 2 and 4 vide sale-deed dtd. 8/9/2016. Hence, a suit was filed for declaration and permanent injunction and also for declaring the impugned gift deed and the said sale-deed as null and void. In such civil suit, respondent/defendant No.1 filed an application under Order 7 Rule 11 of the CPC and raised an objection regarding valuation of the suit and also that the suit was not properly stamped. After hearing on the application, the impugned order has been passed and an opportunity has been granted to the plaintiff/petitioner to correct the valuation of the suit and also to pay the requisite ad-valorem court fees as per the valuation of the gift-deed.

(3.) Learned counsel for the petitioner would submit that the impugned order is not sustainable as the learned trial Court has directed for payment of ad-valorem court fees on the impugned gift deed dtd. 11/3/2016. He submits that since the gift-deed has been executed without any consideration, payment of ad valorem court fees is not required and further, the petitioner/plaintiff has paid the fixed court fees as per the schedule. Hence, he prays to allow the petition and quash the impugned order.