RAN SINGH Vs. JAI NARAIN

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India against order dated 21.4.2010, passed by learned Civil Judge, Junior Division, Rohtak, vide which application filed by present Petitioners-Defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter to be referred as the Code) for rejection of the plaint on the ground of non-compliance of Section 7(iv)(c) of the Court Fees Act, 1870, (hereinafter to be referred as the 'Act) has been dismissed.

(2.) I have heard learned Counsel for the Petitioners and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) Facts relevant for the decision of present revision petition are that Respondent-Plaintiff filed a suit for declaration to the effect that sale deed No. 461 dated 12.4.2007 executed and registered in favour of Defendant No. 2 by Defendant No. 1 is null, void and nonest in the eyes of law with consequential relief of permanent injunction. Plea has been taken that Plaintiff is co-owner and in possession of the land in dispute and the same has not been partitioned so far and hence, sale-deed executed by Defendant No. 1 in favour of Defendant No. 2 is without any right. For the purpose of Court fee, the Plaintiff affixed Rs. 25/- on the plaint.