LAWS(MPH)-2015-7-172

VIJAY KUMAR Vs. VINAY KUMAR

Decided On July 31, 2015
VIJAY KUMAR Appellant
V/S
VINAY KUMAR Respondents

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India is at the instance of plaintiff in the suit challenging the order of trial court dated 13/2/2013 requiring the petitioner to pay the advalorem court fee on the value of the suit property disclosed in the sale deed.

(2.) In brief, the petitioner has filed the suit for declaration and injunction in which the respondent had filed an application under Order 7, Rule 11 Civil Procedure Code and trial court while deciding the said application has directed the petitioner to pay the advalorem court fee.

(3.) Learned counsel for petitioner submits that the trial court has committed an error in directing the petitioner to pay the advalorem court fee ignoring that petitioner is not a party to the sale deed.