VIJAY LAXMI SHARMA Vs. DEEPAK KUMAR TYAGI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and orders dated 19.11.2011, passed by Civil Judge (S.D.), Haridwar in O.S. No. 177 of 2001, Smt. Vijay Laxmi Vs. Deepak Kumar and others, wherein issue no.2, in respect of deficiency in payment of court fee, has been decided in favour of the respondents/defendants and direction was issued to the plaintiff to pay ad valorem court fee to amend the plaint, accordingly, on which, Munsarim shall give his report.

(2.) BRIEFLY stated, the facts of the case giving rise to this appeal are that the appellant filed O.S. No. 177 of 2001 against the respondents for declaration that the alleged decree, passed in Original Suit No. 126 of 1990, dated 09.01.1991, Deepak Kumar vs. Smt. Vijay Laxmi and others, be declared null and void.

(3.) THEREFORE , in view of the ratio of the above judgment and in view of the fact that only a mere declaration was sought to declare the decree null and void and no other relief has been sought by the plaintiff, therefore, the court fee payable would be, as has been paid in the earlier suit i.e. Suit No. 126 of 1990. The order, passed by Civil Judge (S.D.) on issue no.2, directing the plaintiff to pay ad valorem court fee, is perverse. The issue is decided in favour of plaintiff/appellant. The appeal is allowed and the impugned order is set aside.