NIRMAL SINGH Vs. JAGDEV SINGH & ANR

JUDGEMENT

(1.) The defendant filed an application invoking the provision under Order 7 Rule 11 of the CPC praying to reject the plaint on the ground that ad valorem court fee had not been paid by the plaintiff. The said application was dismissed by the trial Court on the ground that in the facts and circumstances of the case, the provision under Section 7(vi)(c) of the Court Fees Act, 1870 (for short 'the Act') would not apply to the case on hand.

(2.) The plaintiff filed a suit for declaration that the sale deed alleged to have been executed in favour of the defendants on 25.6.2008, is null and void and is not binding on the plaintiff.

(3.) It is to be noted that the plaintiff has not sought for any consequential relief based on such declaratory relief he has sought.