SAVINDER KAUR Vs. KULWINDER KAUR

JUDGEMENT

(1.) A suit for seeking declaration that the land in litigation had wrongly been transferred and such transfer was without any legal necessity even though the land is ancestral and for seeking relief of joint possession filed by the plaintiff, petitioner herein, is pending before the lower court since 10.3.2008.

(2.) AN application was moved by the defendants under Order VII Rule 11 CPC calling upon the plaintiff to fix ad -valorem court fee on the plaint and in case of failure, for rejection of the plaint. This application was strongly resisted by the plaintiff, petitioner herein. The lower court allowed the applicant -defendant's application, calling upon the plaintiff to pay advalorem court fee and he was required to make the deficiency in the court fee good. This order of 28.1.2013 passed by the lower court is under challenge in this revision petition.

(3.) COUNSEL for the petitioner -plaintiffs has urged that only averments in the plaint, irrespective of the pleadings of the defendants, are to be taken into consideration for determination of the quantum of court fee payable on the plaint and has further urged that it is a family affair where, no consideration had in fact passed hands and the transfer fee between the family members does not call for payment of any court fee much less advalorem.