KULDEEP SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) Instant revision petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 26.02.2013 passed by learned Civil Judge (Senior Division), Fatehgarh Sahib, whereby the application moved by the petitioner/defendant under Order 7 Rule 11 read with Section 151 CPC for rejection of the plaint has been dismissed.

(2.) Brief facts of the case are that respondent/plaintiff filed a suit seeking declaration to the effect that transfer deed No.793 dated 23.05.2011 regarding 15 marlas of land in favour of the defendant was illegal, null and void, without consideration and was the result of fraud and misrepresentation committed by the defendant upon the plaintiff. Further relief of permanent injunction was also sought restraining the defendant and his agents from interfering into the peaceful use and enjoyment and possession of the plaintiff over the house mentioned in the suit. Defendant filed written statement to the suit denying most of the averments. It was averred that transfer deed was executed by the plaintiff out of her own free will and there was no fraud played upon her.

(3.) The defendant also raised objection that the suit was undervalued and proper court fee had not been affixed. In the suit petitioner/defendant moved an application under Order 7 Rule 11 CPC seeking direction to the plaintiff to pay the requisite court fee failing which prayer for rejection of the plaint was made. Plaintiff filed reply to the application moved by the defendant. Learned trial court after considering the facts of the case came to a conclusion that whether the proper court fee has been affixed or not can be decided only after appreciation of evidence, plaintiff is not required to affix the ad valorem court fee at this stage and dismissed the application.