LAWS(P&H)-2013-7-402

SHER SINGH Vs. DILPREET SINGH AND OTHERS

Decided On July 26, 2013
SHER SINGH Appellant
V/S
Dilpreet Singh And Others Respondents

JUDGEMENT

(1.) THE revision petition is against the order rejecting an objection taken by the defendant that the Court fee paid by the plaintiff was not proper. The suit had been filed for a declaration that sale deed executed by the father of the plaintiff was illegal, null and void and for relief of recovery of possession of the property in the hands of the purchaser. The Court observed that where the plaintiffs themselves were not parties, ad valorem court fee cannot be insisted and also observed that payment of court fee is essentially between the Court and party and respondent will not be entitled to join issues on the same. In the revision petition, the point urged by the counsel for the petitioner -defendant is that the property was admittedly in the hands of the purchaser and there is a relief of recovery of possession that is sought. Section 7 of the Court Fees Act, 1870 deals with Court fee. Clause (iv) sub clause (c) of Section 7 reads as under:

(2.) LEARNED counsel for the petitioner refers to me a judgment of the Supreme Court in Suhrid Singh @ Sardool Singh Vs. Randhir Singh and others : AIR 2010 SC 2807 where the Supreme Court has dealt with the situation when there was no prayer for cancellation of the sale deeds but the relief sought was only for a declaration that the deeds did not bind the coparcenary and for joint possession. The Supreme Court held that the plaintiff in the suit was not the executant of the sale deeds and therefore, the Court fee was computable under Section 7(iv)(c) of the Act.

(3.) IF the suit has resulted in a decree, the exercise of what we have undertaken could have an academic value. However, if the suit has not proceeded, the Court shall call upon the plaintiff to pay the court fee in the manner referred to above after ascertaining whether the property is paying revenue to the Government or not. Even if the suit is concluded, the decree shall not be drawn up till the plaintiff is directed to pay court fee in the manner ascertained. The order passed by the Court below is set aside and the revision petition is allowed to the above extent.