JOGINDER SINGH Vs. KULWANT SINGH AND ORS.

JUDGEMENT

(1.) This revision petition is directed against order dated 10.09.2015 (Annexure P-5) vide which application under Order 7, Rule 11 read with Section 151 CPC for rejection of plaint on account of deficient court fee has been rejected.

(2.) Plaintiff has filed suit for declaration to the effect that plaintiff is exclusive owner in possession of 36 Kanals 15 Marlas of land out of total 42 Kanals. In alternative, suit for joint possession has been claimed besides making prayer for consequential relief seeking restraint order against the defendants in respect of dispossession of the plaintiff and alienation of the suit property.

(3.) At the stage of application under Order 7, Rule 11 read with Section 151 CPC, only averments made in the plaint are to be seen. Apparently the plaintiff is non-executant of the sale deed, and possession has not been claimed as a substantive relief. In a suit for declaration filed by the non-executant of the sale deed for annulment of the same without seeking possession thereof, only fixed court fee is required to be affixed on the plaint.