HARISH CHANDER Vs. GURBACHAN SINGH

JUDGEMENT

(1.) THIS is civil revision against the order dated 2.8.1999 passed by Civil Judge, Junior Division, Ambala whereby she directed the plaintiffs to affix Court fee on the plaint ad valorem.

(2.) IT is a suit for declaration filed by Harish Chander etc. against Gurbachan Singh and Sardari Lal whereby they have challenged the judgment and decree dated 26.2.1995 passed by Additional Senior Sub Judge, Ambala in civil suit No. 436 of 1993 titled Gurbachan Singh v. Sardari Lal in respect of land measuring 40 Kanals situated in Rataur, Tehsil Naraingarh as detailed in the heading of the plaint as the same was collusive, based on fraud, on the basis of forged and fabricated agreement of sale dated 26.1.1991 and was suffered by Gurbachan Singh in favour of Sardari Lal collusively with a view to defeat the rights of Harish Chander etc. plaintiffs for specific performance of the agreement of sale dated 29.5.1992 liable to be set aside and also the sale deed dated 8.12.1995 executed by Sardari Lal in favour of Gurbachan Singh in pursuance of the decree for the alleged consideration of Rs. 1,65,000/- and that sale deed dated 8.12.1995 was a sham transaction and was not binding upon the rights of Harish Chander etc. with consequential relief of permanent injunction restraining Gurbachan Singh from alienating, mortgaging or creating any charge over the suit property in any manner whatsoever.

(3.) CIVIL Judge, Junior Division, Ambala felt that the plaintiffs were liable to pay Court fee ad valorem on the plaint. She gave them time within which to make up deficiency in Court fee payable on the plaint.