RAMBAI Vs. KAPOORI AND ANOTHER

JUDGEMENT

(1.) By way of this revision petition, order dated 10.4.2012 (Annexure P-1) whereby accepting application of the respondentsdefendants ( in the suit preferred by the petitioner-plaintiff challenging a sale deed) under Order VII Rule 11 CPC, the petitioner-plaintiff has been called upon by the lower court to make up deficiency in the court fee, is under challenge. It is claimed that since the impugned sale deed is result of fraud and misrepresentation at the hands of the respondents-defendants and no consideration had passed hands, no court fee is payable by the petitionerplaintiff. It is also claimed that possession of the land is also undisturbed and no relief of possession has been claimed either.

(2.) Stand of the respondents-defendants, on the other hand, is that the petitioner-plaintiff being vendor is a party to the sale deed wherein consideration of INR 13,50,000.00 had been paid and thus ad-valorem court fee is payable.

(3.) Counsel for the parties have been heard while going through the grounds of revision, impugned order as also material and circumstances on the paper book.