COL. SAURABH MISRA Vs. SANGEETA UPADHYAY

JUDGEMENT

(1.) The petitioner has filed this Misc. Petition under Article 227 of the Constitution of India challenging the order dtd. 20/7/2023 passed by IVth Civil Judge Class-I, Gwalior (M.P.) in RCS A 168/2020 whereby, the application under Order 7 Rule 11 CPC filed by respondent/defendant has been allowed and the petitioner has been directed to pay ad valorem court fees on the valuation done by him for the relief of declaration.

(2.) The plaintiff has filed a suit for declaration that the sale-deed executed by his mother, Smt. Krishna, on 8/8/2019 in favour of the defendant, who is sister of plaintiff, is null and void. He has also prayed for a decree of permanent injunction restraining the defendant from alienating the suit property. As per the plaintiff's case, the suit property was the self-acquired property of his father who purchased the same from its earlier owner on 5/11/1973. After purchasing the said plot, the plaintiff's father constructed the suit house out of his own earning. He has further pleaded in plaint that his father retired from Indian Army in 1991 and thereafter started living in the suit house alongwith the family. It is pleaded in the plaint that the defendant taking disadvantage of the poor health condition of his father, got executed the sale-deed dtd. 8/8/2019 by playing fraud on her. Thus, he has prayed for declaration of the said sale-deed as null and void. The plaintiff has valued the suit at Rs.8,35,000.00 and has paid fixed Court fees of Rs.500.00 for the relief of declaration.

(3.) The respondent/defendant filed an application under Order 7 Rule 11 CPC raising an objection that the plaintiff is required to pay ad valorem court fees for the relief of declaration claimed by him. The aforesaid objection is raised by the defendant on the ground that the relief of declaration of sale-deed as null and void has an effect of cancellation of the sale deed. Therefore, in view of provisions of Sec. 7(IV)(c) of the Court Fees Act, the plaintiff is required to pay ad valorem court fees on the valuation of Rs.8,30,000.00.