MOHD. AMAN Vs. SABROON

JUDGEMENT

(1.) By way of the instant revision petition, the petitioner-plaintiff (here-in-after to be referred as 'the plaintiff) has laid challenge to the order (Annexure P-4) as passed by learned Civil Judge (Senior Division), Nuh (for short 'the trial Court') on 13/1/2023 in Civil Suit No.914 of 2021, whereby the application moved by the respondent-defendant (here-in-after to be referred as 'the defendant') under Order 7 Rule 11 CPC for seeking the rejection of the plaint on the ground of non-affixation of the ad-valorem court-fee thereon, has been allowed and he (plaintiff) has been directed to affix the court-fee on the plaint accordingly.

(2.) I have heard learned counsel for the petitioner-plaintiff in the present revision petition, at the preliminary stage and have also perused the file carefully.

(3.) Learned counsel for the plaintiff contends that the plaintiff has filed the afore-referred Civil Suit for seeking a decree for declaration to the effect that the sale-deed dtd. 19/10/2020 is illegal, null and void, while averring that he was a minor at the time of the execution of the said sale-deed but prior to its execution, the requisite permission had not been obtained from the competent Court and in these circumstances, the plaintiff is not required to affix the ad-valorem court-fee on the plaint. To buttress his contention, he places reliance upon Smt Beena and others Versus Rajinder Kumar and others, 2006(2) RC.R (Civil) 449 (P&H) (SB).