LAWS(P&H)-2022-5-46

ROMA KUMARI Vs. RAM NIWAS

Decided On May 24, 2022
Roma Kumari Appellant
V/S
RAM NIWAS Respondents

JUDGEMENT

(1.) By way of the instant revision petition, the petitioner (arrayed as plaintiff No.5 in the Civil Suit) has assailed the order dtd. 20/4/2022 (Annexure P-4) passed by learned Civil Judge (Junior Division), Karnal (for short, "the trial Court") whereby the application (Annexure P-2) moved by respondents No.1 to 6-defendants (here-in-after to be referred as "the defendants") under Order 7 Rule 11 CPC for seeking the rejection of the plaint on the ground of non-affixation of the proper court-fee on the same, has been allowed and the plaintiffs have been directed to pay the ad-valorem court-fee on the sale consideration of both the sale deeds under challenge, while observing that otherwise, their plaint would be rejected.

(2.) The petitioner and plaintiffs No.1 to 4-performa respondents No.7 to 10 (here-in-after to be referred as "the performa respondents"), have filed a civil suit against the defendants for seeking a decree for declaration to the effect that two sale deeds dtd. 8/2/2017 and the mutations entered and sanctioned on the basis thereof, are illegal, null and void and the same are not binding upon their rights, while further praying for the consequential relief of permanent injunction to restrain the defendants from alienating the said land. The defendants filed the above-said application which has been allowed vide the impugned order, as discussed in the opening para of this judgment.

(3.) I have heard learned counsel for the revisionist-petitioner in the present revision petition and have perused the file carefully.