AJAY PRATAP SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against order dated 17.7.2012 passed by the ADJ (FT) Mungawali in Case No. 19-A/2010. By the order impugned, a preliminary issue No. 4 is decided by the Court below regarding proper valuation of the suit and payment of court fees on it.

(2.) The singular question involved in this matter is whether plaintiff was required to pay ad valorem court fee and whether the order passed by the Court below directing otherwise is bad in law. It is not in dispute between the parties that the plaintiff was not executant/party to the saledeed and a relief is prayed by the plaintiff to declare the sale-deed dated 29.5.2010 between defendants No. 1 to 4 and defendants No. 5 to 9 as void and ineffective qua the plaintiff. In the aforesaid factual background, it is to be decided as to whether plaintiff is required to pay ad valorem court fee.

(3.) Shri Santosh Agrawal, learned counsel for the petitioners, in support of his contention relied on (Santosh Chandra & Ors. Vs. Gyan Sunder Bai & Ors., 1970 JabLJ 290), (Manzoor Ahmed Vs. Jaggi Bai & Ors., 2009 4 MPLJ 182), (Sunil Vs. Awadh Narayan and others, 2010 4 MPLJ 431) and (Israt Jahan Vs. Rajia Begum & Ors., 2010 1 MPLJ 50). He submits that in the light of the aforesaid judgments and relevant provision of the Court-fees Act, the Court below has erred in deciding the issue aforesaid in favour of the plaintiff.