HARPREET SINGH Vs. KABAL SINGH AND OTHERS

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 20.10.2010 (Annexure P/4) passed by learned Additional Civil Judge (Senior Division), Balachaur, whereby an application filed by respondent Nos. 1 and 3 for directing the petitioner/plaintiff to affix ad -valorem court fee, has been allowed. Brief facts of the case relevant for disposal of this revision are that petitioner -plaintiff filed a suit for joint possession as coparcener in the land in question and for permanent injunction restraining respondent Nos. 2 to 4 from alienating, selling or transferring the suit land to anybody else forcibly and without due course of law. In the plaint, declaration that sale deed is illegal, null and void, was also sought. The said suit was being contested by respondent Nos. 1 and 3 and they filed a joint written statement. During the pendency of the suit, the said respondents filed an application seeking a direction to the petitioner to affix ad -valorem court fee on the plaint. Vide impugned order dated 20.10.2010, the trial Court has allowed the application and the petitioner was directed to pay ad -valorem court fee on the value of transfer of ownership deed dated 06.06.2005. Hence, this revision petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) LEARNED counsel for the respondent has opposed the contentions raised by the learned counsel for the petitioner and stated that the order passed by the learned trial Court is legal.