KRISHNA DEVI Vs. PARSHOTAM DASS AND ORS.

JUDGEMENT

(1.) LEARNED counsel for the petitioner contends that the respondents nos. 1 and 2 are defendants nos. 1 and 2 before the trial Court. They moved application under order 7 Rule 11 of the Code of Civil Procedure ('C.P.C.' for short) for seeking direction to the petitioner to affix ad valorem Court fee on the plaint as per the suit value. Learned counsel for the petitioner states that the latter is not liable to pay the Court fee as per the market value of his share in the joint Hindu family property and that he had already paid Court fees as per the value of the suit for the purpose of payment of Court fee.

(2.) THE trial Court in the impugned order held that keeping in view the proposition of law and that the petitioner is seeking relief of possession, he is liable to pay ad valorem Court fee on the suit value.

(3.) IN order to avoid further delay, notice of this petition has not been given to the respondents, who if aggrieved thereby, can approach this Court through appropriate petition.