BABLI SINGH Vs. DHAN SINGH

JUDGEMENT

(1.) PARTIES are in logger heads on the question of payment of Court fees. The plaintiff filed a suit for declaration and permanent injunction. In the said suit, the petitioner filed an application under Section (iv) (c) of Court Fees Act, 1870 contending that the suit suffers from payment of insufficient court fees and, therefore, liable to be dismissed. Plaintiff filed his reply on 6.10.2009. The Court below by impugned order dated 27.11.2009 rejected the said application.

(2.) SHRI Abhishek Bhadoria, learned counsel for the petitioner submits that the finding of Court below runs contrary to record in as much as it is held that in the plaint there is no averment about execution of the sale deed. He relied on various paragraphs of the plaint and the relief claimed. In addition he submits that even assuming that the document in question is a mortgage deed, even then as per Section 7 (ix) of Court Fees Act, advoleram Court fee is required to be paid.

(3.) SHRI R.P.Rathi, learned counsel for respondent No.1, on the other hand, supported the order. He submits that there is no infirmity in which interference can be made by this Court.