NIRAJ Vs. VIJAYA

JUDGEMENT

(1.) Heard Shri S.D. Chande, Advocate for the petitioner and Shri Saurabh A. Chaudhari, Advocate for the respondent No.5. None for the other respondents though served.

(2.) The original plaintiff has challenged the order passed by the trial Court rejecting the application (Exh. No.47) filed by him seeking review of the order passed by the trial Court on 30th Aug., 2013 by which the plaintiff was directed to compute the court fees payable by him in accordance with valuation of sale deed dated 24th Dec., 2010. The petitioner / plaintiff has also challenged the order passed by the trial Court on 30th Aug., 2013.

(3.) The submission on behalf of the petitioner / plaintiff is that he is not executant of the sale deed dated 24th Dec., 2010 and as he is not seeking decree for the possession of the property which is subject matter of the sale deed dated 24th Dec., 2010, he is not required to pay ad valorem court fee on the valuation of the sale deed. To support the submission, the learned Advocate for the petitioner has relied on the judgment given in the case of Suhrid Singh @ Sardool Singh Vs. Randhir Singh & Ors. reported in AIR 2010 SC 2807.