DEVI PRASHAD AND ANOTHER Vs. SUDHA RANI

JUDGEMENT

(1.) This appeal is directed against the order dated 22.11.2013, passed by Civil Judge (S.D.), Rishikesh, Dehradun in O.S. No. 36 of 2012, Devi Prasad and another vs. Sudha Rani, whereby the application of defendant to pay ad valorem court fee of Rs. 38,95,000/- in regard to relief (A), rest of the part of order in regard to correction of valuation is not being challenged since learned trial court has held the court fee payable in regard to relief (C) as sufficient.

(2.) The learned counsel appearing on behalf of the petitioner has contended that the learned Civil Judge has committed a manifest error of law in not considering the fact, since the plaintiffs/appellants were not a party to the sale deed. Learned counsel drew attention of the Court to the Section 7 (IV-A)(2) of the Court Fees Act for facility quoted below:

(3.) In view of the provision of Clause-IV(A)(2), the fee would be pay by the plaintiff of one-fifth of the market value.