TEJINDER PAL SINGH Vs. GURDAVINDER SINGH

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 23/10/2024 (Annexure P-1) passed by the Civil Judge (Jr. Div.), Ambala, vide which the the application under Order 7 Rule 11 CPC filed by respondents no.1 to 3 for directing the petitioner-plaintiff to affix proper court fee on the value of the alleged sale deed has been allowed.

(2.) Learned counsel for the petitioner has submitted that in the present case, the petitioner had filed a suit for declaration to the effect that the alleged sale deed dtd. 17/2/2022 is illegal, null and void and has not prayed for cancellation of the said sale deed and thus, is not liable to pay the ad-valorem court fee. It is submitted that the impugned order, vide which the petitioner has been directed to pay ad-valorem court fee, is not in accordance with law and deserves to be set aside.

(3.) It is not in dispute that the petitioner was one of the executants of the sale deed dtd. 17/2/2022 (Annexure P-6) which is now sought to be challenged by the petitioner. The trial Court vide impugned order has observed that the relief sought by the petitioner is in essence for cancellation of the sale deed and the petitioner is an executant of the said sale deed and thus, he is required to pay the ad-valorem court fee as per the consideration stated in the sale deed and has referred to the judgment of the Hon'ble Supreme Court passed in Suhrid Singh @ Sardool Singh vs. Randhir Singh and Ors. reported as 2010 AIR (Supreme Court) 2807 in support of the said proposition. The Hon'ble Supreme Court in the above said case has held asunder:-