PARJEET SINGH Vs. RAJINDER PAL SINGH

JUDGEMENT

(1.) Under challenge in this revision petition is the order dtd. 21/1/2016 passed by Civil Judge (Jr.Divn.), Ludhiana in Civil Suit titled as 'Parjeet Singh Versus Rajinder Pal Singh and others' vide which while disposing of an application under Order 7 Rule 11 CPC for rejection of the plaint having been moved by applicant/defendant No.45, the plaintiff was found liable to affix advalorem Court fee on the plaint as per the market value and a direction in that regard was given to him. The revision petitioner before this Court is plaintiff Parjeet Singh.

(2.) Briefly stated, facts of the case are that plaintiff Parjeet Singh by way of amended plaint had sought a decree for declaration that impugned sale deeds are null and void and as a consequential relief craving for possession of the suit property. In those proceedings, an application had been filed under Order 7 Rule 11 CPC by defendant No.45 for rejection of the plaint for the reason that advalorem Court fee was required to be affixed on the plaint, which had not been done.

(3.) The application was resisted by the plaintiff contending that all the sale deeds had been executed during pendency of the litigation and suit property is in the form of agricultural land, therefore advalorem Court fee is not required to be affixed. Dismissal of the application was sought for.