SANJAY RANA Vs. SAMPAT SINGH

JUDGEMENT

(1.) Order dated 3.9.2009 [Annexure P/4] vide which application under Order VII Rule 11 CPC of the defendant-respondents herein was allowed and the plaintiff-petitioner was called upon to pay advalorem court fee is under challenge in this revision petition brought by one of the plaintiffs. The plaintiffs seeking avoidance of 9 sale deeds as also mutations sanctioned pursuant thereto, have sought permanent injunction against the respondents from alienating the land any further as also against changing nature of the same.

(2.) An application was moved by the respondents-defendants calling upon the plaintiffs to affix the ad-valorem court fee. Plea of the petitioner-plaintiffs in addition, was that neither they were parties to the sale deeds nor relief of possession is being claimed and the plea of joint possession/partition was only a consequential relief. Otherwise, they are in possession of share of their land.

(3.) Despite resistance from the plaintiffs, petitioners herein, that the suit property was coparcenary property and had been inherited from their lineal ascendents and had been alienated wrongly and illegally and thus, they were not liable to affix the court fee, the matter of payment of Court fee was held against the plaintiff and consequently alleged deficiency in the court fee was ordered to be made good.