RAJESH & OTHERS Vs. MANGE RAM & OTHERS

JUDGEMENT

(1.) THE application is allowed and Annexure A -1 plaint is taken on record, subject to all just exceptions.

(2.) CONSENT decree dated 04.10.1993 was passed in favour of defendant no. 1 -Mange Ram against the plaintiff declaring defendant no. 1 -Mange Ram to be owner in possession of the suit land. Mange Ram is none else but son of the plaintiff -Tilaku Ram. Said decree has been challenged in the suit. Mange Ram defendant no. 1 executed two sale deeds dated 09.05.1995 and 20.06.1995 in favour of defendants no. 2 to 4 regarding part of the suit land. The said sale deeds have also been challenged by the plaintiff in the suit.

(3.) ON application filed by defendants no. 2 to 4 that proper court fee has not been affixed, the trial Court vide order dated 27.11.2007 directed the plaintiff to pay ad valorem court fee on sale consideration mentioned in the two sale deeds. Plaintiff filed Civil Revision No. 463 of 2008 in this Court to challenge the said order. The said revision petition was disposed of by this Court vide order dated 09.12.2008, which is reproduced hereunder: