ARUN KUMAR GOYAL Vs. PAYAL AGGARWAL

JUDGEMENT

(1.) The present revision petition has been filed for quashing of order dated 8.9.2010 passed by the learned Additional Civil Judge (Senior Division), - Kurukshetra vide which the application filed by the defendant for directing the plaintiff to affix the ad valorem court fee on the plaint has been dismissed. The plaintiff filed a suit for specific performance of agreement to sell dated 8.3.2006 and in the alternative, he claimed a relief of double amount of earnest money in case specific performance could not be issued. The plaintiff had affixed court fee on major relief i.e. for possession by way of specific performance and accordingly ad valorem fee of Rs. 64,370/- was affixed but no court fee on the double of the amount of earnest money was affixed.

(2.) An application was moved by the defendant-respondent for issuing direction to the plaintiff to affix the ad valorem court fee on the plaint which was dismissed vide order dated 8.9.2010.

(3.) The order dated 8.9.2010 is subject matter of challenge in the present revision petition.