SUNIL NARULA Vs. SHELLY JUNEJA AND OTHERS

JUDGEMENT

(1.) A suit for declaration that plaintiff Smt. Shelly Juneja, respondent No.1 herein, is co-sharer to the extent of 1/4th share in the properties in litigation and for partition of the said properties by metes and bounds, is pending adjudication before the court of Civil Judge (Senior Division), Amritsar.

(2.) Defendant Sunil Narula, petitioner herein had made an application under Order VII Rule 11 read with Section 151 CPC for rejection of the plaint of the respondent-plaintiff claiming that requisite court fee on the value of the suit had not been affixed by her. Disputing her liability to pay advalorem court fee, the respondent-plaintiff had taken up a stand that she had affixed the court fee in terms of Article 17(vi) of Schedule (II) of the Court Fee Act, 1870 (hereinafter mentioned as the Court Fee Act). Finding merit in the claim of the plaintiff, respondent herein, the lower court had dismissed the application of the defendant, petitioner herein, vide impugned order of 9.9.2013 (Annexure P-4).

(3.) Claim of the respondent-plaintiff, per contra, is that since she continues to be in joint possession of the properties under partition and has not been excluded therefrom, she is not liable to pay advalorem court fee.