NAVNEET KAUR Vs. NAVITA SAPRA AND OTHERS

JUDGEMENT

(1.) PLAINTIFF Navneet Kaur has filed this revision petition under Article 227 of the Constitution of India impugning order dated 1.6.2012 passed by the trial court thereby allowing application Annexure P/2 filed by defendant no. 2/respondent no. 4 under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint due to non -payment of ad valorem court fee. In plaint Annexure P/1 instituted by the plaintiff -petitioner against Harpal Singh -defendant no. 1 (since deceased and represented by respondents no. 1 to 3) and Jitender Singh defendant no. 2/respondent no. 4, the plaintiff alleged that power of attorney dated 29.9.2001 purporting to have been executed by the plaintiff was never executed by her and consequently, two sale deeds dated 8.12.2005 executed in favour of defendant no. 1 by defendant no. 2 as attorney of the plaintiff are illegal and null and void and subsequent two sale deeds dated 15.12.2005 executed by defendant no. 1 regarding half share of the suit land in favour of defendant no. 2 are also null and void.

(2.) DEFENDANT no. 2 in his application Annexure P/2 alleged that the plaintiff being executant of the impugned sale deeds is liable to pay ad valorem court fee on the sale consideration mentioned therein.

(3.) LEARNED trial court vide impugned order dated 1.6.2012 has allowed the application filed by defendant no. 2 and has directed the plaintiff to affix ad valorem court fee on the market value of the suit land. Feeling aggrieved, the plaintiff has filed this revision petition.