GURJIT SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) This revision is directed against the order dtd. 10/2/2021 (Annexure P-11), P passed by learned Civil Judge (Junior Division), Amritsar whereby the petitioner's application under Sec. 151 Code of Civil Procedure (in short referred to as 'CPC'), ' has been rejected and he has been directed to pay ad-valorem ad valorem Court fee on the suit.

(2.) Learned counsel submits that petitioner (plaintiff before the learned trial Court), Court) instituted a suit (Annexure P P-1) for declaration that he is a co-owner extent of 1/18th share in the entire owner and in joint possession to the exte suit land, and further that the he exchange deed dtd. 11/10/201 11/10/2013 3 (Annexure P-12) is null and void, not binding upon his rights in the subject land,, being a result of fraud and misrepresentation.

(3.) Learned counsel further contends that in Suhrid Singh @ Sardool Singh Vs. Randhir Singh and others, 2010 AIR (Supreme Court) 2807,, Hon'ble the Supreme Court of India address the issue of a sale deed ed and not an exchange deed, deed nor did formulate any illustration based on the exchange deed, wherein no consideration had exchanged hands. Therefore, the ratio of the decision in Suhrid Singh @ Sardool Singh (supra) is deemed inapplicable applicable to the present case. Learned counsel submits that ad ad--valorem Court fees are to be paid based on the consideration amount paid under the document/deed, document/deed rather than the value of the property. In the present case the petitioner/plaintiff did not receive any consideration, hee is therefore not liable to pay any ad-valorem Court fee. Additionally, this Court ourt vide order dtd. 19/9/2019 (Annexure P-6) P 6) allowed the CR No.3564 of 2018 titled 'Gurjit Singh Vs. Bajlit Bajl t Singh and others' and in para-No.4 observed as under: -