MANISH KUMAR Vs. RAVINDER KUMAR

JUDGEMENT

(1.) THE short dispute raised in the instant petition is as to whether the petitioner is required to pay ad valorem court fee as directed vide impugned order dated 18.1.2011 or not.

(2.) THE foremost consideration in matters such as these is the prayer that has been made in the plaint. It may be noticed that suit is for declaration seeking annulment of the sale deed executed by the father of the petitioner in favour of the respondents. The relevant portion of the prayer made by the petitioner in his plaint is extracted herebelow: -

(3.) APPLYING the aforesaid principles it is evident that it is a suit for declaration to the effect that the sale deed by the father of the petitioner is null and void and not binding upon the rights of the petitioners nor prayer for possession has been made therefore, the case of the petitioners squarely comes within clause (ii) of the judgment extracted above.