DHARAMVIR SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) (Oral) Present petition is filed challenging the order dated 06.10.2010 passed by the learned Additional District Judge, Faridabad, whereby appeal filed by the plaintiff was allowed and it was held that when only declaration is sought declaring the sale deed void, on the ground that plaintiff was not a party to the sale deed, plaintiff is not required to pay ad-valorem court fee. Mr. R.S. Rai, learned Senior Advocate for the petitioners assisted by Mr. Gautam Dutt, Advocate, has fairly argued that as per the judgment of the Apex Court in the matter of Suhrid Singh @ Sardool Singh Vs. Randhir Singh and others, reported in 2010(2) RCR (Civil) 564, plaintiff is not supposed to pay ad-valorem court fee on the relief of declaration declaring the sale deed null and void, when plaintiff is not a party to the sale deed. However, learned Senior Advocate states that in the present case, plaintiff has also sought relief for injunction as a consequential relief, hence, plaintiff is supposed to pay ad-valorem court fee. Learned Senior Advocate further states that this aspect has not been dealt with either by the learned Trial Court or by the learned Appellate Court. Without expressing any opinion on the merits of this Court, in the opinion of this Court, present petition can be disposed of with the direction to the learned Trial Court to decide the question as to whether, plaintiff is bound to pay ad- valorem court fee since plaintiff has also sought consequential relief of injunction along with relief of declaration. Disposed of accordingly.