SUNIL KUMAR Vs. SHUBHAM (MINOR) & ANOTHER

JUDGEMENT

(1.) Present Civil Revision has been preferred by the revisionist, being aggrieved against the judgment and order dated 13.05.2013 passed by the Civil Judge (S.D.), Roorkee in Original Suit no.16 of 2006, titled as "Subham & another vs. Sunil Kumar, whereby the trial court has decided issue no.5 regarding the payment of court fees against the defendant in favour of the plaintiffs holding that the court fees paid is sufficient. It is also prayed in the present Civil Revision that a direction be issued to the plaintiffs to pay ad-valorem court fees on their share.

(2.) Brief facts of the case are that the defendant had filed his written statement denying the allegations made in the plaint, inter alia, on the grounds that the suit is undervalued and the court fee paid by the plaintiffs is insufficient, inasmuch as, the plaintiffs are not in possession and are liable to pay the ad-valorem court fee on their share. The pedigree mentioned in the plaint has been denied on the ground that the wife of Krishan Lal had filed a divorce suit no.7/1997 consequent to living apart for 9-10 years prior to the filing of the suit. Only the defendant is the legal heir of the deceased Krishan Lal on the basis of succession and will dated 11.08.2004 executed by Krishan Lal in his lifetime.

(3.) Notices were sent to the respondents, but none has appeared on their behalf.