GANESHI BAI Vs. AJAB SINGH

JUDGEMENT

(1.) This petition is filed by the petitioner assailing the impugned order dtd. 30/4/2022 passed by the Civil Judge Senior Division, Berasia, District Bhopal, M.P. in Civil Suit No.239-A/2019.

(2.) Learned counsel for the petitioner/plaintiff contends that a suit has been filed by the Petitioner/plaintiff for declaration, permanent injunction and possession before the trial Court. In the prayer, the relief which is claimed by the petitioner is to the effect that a sale deed dtd. 10/12/2018 executed by the father of the Petitioner/plaintiff be declared as null and void. The Petitioner/plaintiff has further prayed for possession of the property in question. The learned counsel contend that during pendency of the suit, an application was moved by the defendant under Order 7 Rule 11 of the CPC and has prayed that though this suit is valued at Rs.22,55,000.00, ad valorem Court Fees in terms of Sec. 7 (iv) (c) of this contract has not been paid and accordingly, the dismissal of Plaint was sought. The said application was opposed by the present petitioner/plaintiff, but the Court below has allowed this application vide impugned order dtd. 30/4/2022.

(3.) Learned counsel contend that the impugned order passed by the trial Court suffers from infirmity in as much as the trial Court was required to ascertain as to whether in the suit, the prayer was for cancellation of sale deed or declaring the sale deed to be null and void.