SUMER SINGH Vs. SHER SINGH

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The present Civil Revision Petition under Article 227 of the Constitution of India has been filed impugning the order dtd. 11/3/2015 (Annexure P-l) passed by the Civil Judge (Junior Division), Karnal, whereby the plaintiff-petitioners have been directed to affix ad valorem court fee on the plaint. The said order has been passed on an application filed by the defendant-respondents under Order 7 Rule 11 of the x` of Civil Procedure, 1908.

(3.) The brief facts relevant to the present lis are that the plaintiff-petitioners herein filed a suit for declaration with possession and consequential relief of permanent injunction. It was averred in the plaint that the plaintiff-petitioners and the defendant-respondents are real brothers and that the plaintiff-petitioners and the defendant-respondents had jointly purchased land measuring 30 marlas from their joint income. However, the defendant-respondents had not got the sale deeds registered in the names of the plaintiff-petitioners. The prayer in the suit was for the issuance of a decree of declaration to the effect that the plaintiff-petitioners are owners of land measuring 15 marlas out of 30 marlas of land with consequential relief of possession.