PREM DEVI Vs. BALA DEVI AND ORS.

JUDGEMENT

(1.) THE Petitioners -Plaintiffs (herein referred as 'the Plaintiffs') have preferred the present petition for quashing the order dated 21.04.2010, passed by Civil Judge (Junior Division), Karnal, allowing the application of Defendants -Respondents (herein referred as' the Defendants') for fixing the ad -valorem Court fee.

(2.) VIDE impugned order dated 21.04.2010, the trial Court directed the Plaintiffs to pay the ad -valorem Court fee in terms of Section 7(iv)(c) of the Court Fees Act as quantified under Section 7(v) of the Act. The order is bit confusing.

(3.) THE property is stated to be joint coparcenary property and the Plaintiffs, being non -executant of the sale deed and having claimed no consequential relief, was not required to pay the ad -valorem court fee. Thus, the trial Court wrongly directed the Plaintiffs to pay the ad -valorem court fee.