ASHISH AND OTHERS Vs. RAMEHAR AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 17.07.2013 passed by the learned Civil Judge (Jr. Division), Gohana, vide which the application moved by the defendants-respondents no.2 and 3 under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short C.P.C.) has been allowed and the plaintiff-petitioners have been directed to affix the Court fees as per the value of the property mentioned in the impugned sale deed.

(2.) I have heard Mr. J.S.Cooner, Advocate, learned counsel for the petitioners, Mr. Rishav Jain, Advocate, learned counsel for respondents no.2 and 3 and have meticulously gone through the paper book.

(3.) Learned counsel for the petitioner contended that the petitioner is not the executant of the sale deed. He has challenged the sale deed being his coparcenary property. So, he is not required to affix the ad valorem court fees as per the sale price mentioned in the sale deed . For the relief of joint possession, he can only be required to affix Court fees as per Section 7 (v) of the Court Fees Act, 1870 (for short 'Act').