RESHAM SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) THE conspectus of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner -plaintiff Resham Singh son of Munsha Singh (for brevity the plaintiff ) has instituted the civil suit for a decree of declaration to the effect that he is owner and in possession of the land in dispute and the impugned sale deeds dated 26.8.2002 and 18.11.2002 executed by him (plaintiff) in favour of Gurdev Kaur respondent -defendant No.1 and Sukhwinder Singh respondent defendant No.2 (for short the defendants ) are null, void and not binding on his rights.

(2.) DURING the pendency of the suit, defendant No.1 moved an application for rejection of plaint for want of proper court fee under Order 7 Rule 11 CPC.

(3.) TAKING into consideration the entire material on record, the trial Court accepted the application and directed the plaintiff to pay ad valorem court fee, failing which, his plaint would be rejected, by way of impugned order dated 21.9.2013 (Annexure P1).