GURCHARAN SINGH Vs. HARINDER SINGH AND OTHERS

JUDGEMENT

(1.) This petition assails an order dated 15.06.2010 (Annexure P-3) passed by the Civil Judge (Senior Division), Barnala, dismissing the application filed by the defendant-petitioner (hereinafter referred as 'the petitioner') under Order 7 Rule 11 CPC for affixing the ad valorem Court fee on the value of the sale deed No.776 dated 10.07.2006, allegedly executed by the petitioner being the attorney of Magher Singh, defendant-respondent No.2, in favour of defendant-respondent Nos.3 and 4.

(2.) Harinder Singh, plaintiff-respondent No.1 had filed the suit for specific performance of the agreement to sell dated 10.02.2006 with ancillary relief of declaration that the sale deed dated 10.07.2006 executed by the petitioner, being the attorney of respondent No.2, in favour of respondent Nos. 3 and 4, is illegal and void.

(3.) The trial Court vide order dated 15.06.2010, dismissed the application of the petitioner, while holding that since the ad valorem Court fee has already been affixed on the relief of specific performance, therefore, if the suit of the plaintiff is decreed, then the sale deed being null and void, would be of no consequence.