KIRAN RANI ALIAS KIRAN GOYAL Vs. SANDEEP KUMAR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 1/9/2025 passed by the learned Additional Civil Judge (Senior Division), Barnala, whereby the application filed by the defendants under Order VII Rule 11 CPC for rejection of the plaint was allowed and the plaintiffs were directed to affix ad valorem court fee on the sale amount mentioned in the impugned sale deeds, failing which the plaint shall be liable to be rejected.

(2.) The petitioners, as plaintiffs, instituted a suit for declaration and permanent injunction, challenging two registered sale deeds, both dtd. 31/7/2024, one executed by plaintiff No.1 and the other by plaintiff No.2 in favour of the defendants, alleging that the said sale deeds were obtained by fraud, misrepresentation, and without payment of full sale consideration. The plaintiffs sought a declaration that the sale deeds were null and void and did not convey any right, title or interest in favour of the defendants.

(3.) The defendants moved an application under Order VII Rule 11 CPC, contending that the plaintiffs themselves being the executants of the sale deeds cannot value the suit on a fixed court fee and that they are bound to pay ad valorem court fee on the sale consideration of the sale deeds challenged. The learned trial Court, after hearing both sides, relying on the judgment of the Hon'ble Supreme Court in 'Suhrid Singh @ Sardool Singh v. Randhir Singh & others', AIR 2010 SC 2807, held that when an executant challenges the sale deed executed by him, he must pay ad valorem court fee on the sale consideration. The trial Court vide order dtd. 1/9/2025 directed the plaintiffs to affix the requisite ad valorem court fee on or before 1/10/2025, failing which the plaint shall be rejected.