AMAR CHAND Vs. RAJ GUPTA

JUDGEMENT

(1.) Amar Chand and others, legal representatives of Mam Raj, plaintiff alongwith Chatra have brought this revision petition under the provisions of Article 227 of the Constitution of India for setting aside the order dated 25.11.2009 passed by learned Civil Judge (Junior Division), Faridabad, whereby the application filed by respondent No. 1 under Order 7 Rule 11 CPC has been allowed and the petitioners have been directed to pay ad valorem court fee. Mam Raj and Chatra filed a suit for declaration to the effect that the general power of attorney dated 20.1.1987 and the sale deed dated 6.7.2005 in respect of the suit property are absolutely wrong, illegal, null and void, sham and bogus documents and are not binding on the plaintiffs in any manner and are liable to be cancelled. They have also prayed for a decree for permanent injunction restraining the respondents from interfering in their peaceful possession over the suit property.

(2.) In the said suit, respondent No. 1 filed an application under Order 7 Rule 11 CPC seeking direction to the plaintiffs to make good the deficiency in the court fee, claiming that they are liable to pay ad valorem court fee on the sale consideration.

(3.) The application was opposed by the plaintiffs on the averments that they had not executed any sale deed in favour of respondent No. 1. They had claimed the sale deed to be bogus and fabricated document.