SUNIL KUMAR Vs. SHEOKARAN LAL AND ORS.

JUDGEMENT

(1.) A suit for declaration to the effect that the plaintiff, petitioner herein, is owner and in possession of 208/1855th share of the land in dispute and gift deed dated 9.7.2012 allegedly executed by respondent -defendant No. 1 in favour of respondent -defendant No. 2 is illegal, wrong and not binding on the rights of the plaintiff, is pending adjudication before the lower court wherein the plaintiff vide impugned order of 20.4.2013 (Annexure P -1) has been called upon to make good deficiency in payment of court fee by affixing ad valorem court fee according to the value of the subject matter of the suit. Though counsel for the respondents had made appearance on 9.12.2013 but on the date of arguments i.e. 9.10.2014 despite several pass overs, none had made appearance resulting in ex -parte proceedings against them.

(2.) IT is case of the petitioner/plaintiff that he is in possession of the suit land pursuant to the family settlement. He is thus not seeking possession of the land. Gift deed dated 9.7.2012 which concededly is without any consideration, is under challenge. He is not a party to the same. Property is claimed to be ancestral. Support has been sought from Suhrid Singh @ Sardool Singh v. Randhir Singh and others : 2010 (2) R.C.R. (Civil) 564 : 2010(2) Recent Apex Judgments (R.A.J.) 436 : 2010 AIR (SC) 2807 wherein para 6, it has been held by Hon'ble Supreme Court as below:

(3.) KEEPING in view the totality of facts and circumstances, the impugned order dated 20.4.2013 (Annexure P -1) calling upon the petitioner to pay ad -valorem court fee is not only wrong on facts but is so also in law. Consequently, setting aside the same, this petition is allowed. The parties are directed to appear before the lower court on 18.11.2014.