KANTA DEVI Vs. YOGESH & OTHERS

JUDGEMENT

(1.) PLAINTIFF -Kanta Devi has filed this revision petition under Article 227 of the Constitution of India impugning order dated 25.09.2012 Annexure P -4 passed by the trial Court thereby allowing application Annexure P -2 filed by defendant no. 4 under Order 7 Rule 11 of the Code of Civil Procedure and thereby directing the plaintiff -petitioner to pay ad Valorem court fee on sale consideration mentioned in the impugned sale deed. The plaintiff has filed suit vide plaint Annexure P -1 alleging that defendant no. 1 by fraud obtained registered General Power of Attorney (GPA) dated 16.07.2009 and on its basis, defendant no. 1 as attorney of the plaintiff sold the suit property to defendant no. 4 vide registered sale deed dated 13.11.2009. The plaintiff in the suit has challenged the aforesaid GPA and sale deed and has sought cancellation thereof.

(2.) DEFENDANT no. 4 in application Annexure P -2 alleged that he has purchased the suit property for Rs. 28,80,500/ - and since plaintiff -petitioner is challenging the sale deed, she is liable to pay ad Valorem court fee on the said sale consideration, but has not paid the same and therefore, the plaint is liable to rejection.

(3.) LEARNED trial Court vide impugned order Annexure P -4 has directed the plaintiff to pay ad Valorem court fee on sale consideration mentioned in the impugned sale deed. Feeling dissatisfied, plaintiff has filed this revision petition to challenge the said order.