DINESH KUMAR Vs. SUMAN CHOUKSE

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is at the instance of the plaintiff in Civil Suit No.21 -A/2013 challenging the order of the trial Court dated 5.9.2013, by which the trial Court has directed the petitioners -plaintiff to pay ad valorem court fee.

(2.) IN brief, the petitioners had filed the suit for declaration of title and permanent injunction as also declaring the sale deed dated 28.3.2010 and 18.3.2011 as null and void and not binding on the petitioners. In the said suit, the respondents had filed an application under Order 7 Rule 11 of the C.P.C. raising an objection that the petitioners are liable to pay the ad valorem court fee as per Section 7(C) of the Court Fee Act and on the failure to pay the ad valorem court fee, the suit be dismissed. The trial Court by the impugned order dated 5.9.2013 has upheld the said objection by allowing the said application, and has directed the petitioners to pay the ad valorem court fee.

(3.) LEARNED counsel appearing for the petitioners submits that the trial Court has committed an error in directing the payment of the ad valorem court fee without appreciating that the power of attorney was got executed by the respondent No.2 in favour of the respondent No.3 fraudulently and in such a case the sale deed being void, no ad valorem court fee is required to be paid. He has further submitted that no power of attorney was given by the petitioners for sale of the land.