BABU SINGH Vs. UMED SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 03.11.2015 passed by the learned Civil Judge (Junior Division), Bhiwani, whereby the application filed by petitioner-defendant No.1 directing the plaintiffs-respondents to affix the ad valorem court fees has been dismissed.

(2.) Plaintiffs-Respondents No.1 and 2 have filed the suit for declaration to the effect that they are having 1/8th share in the land of the defendant No.2 being his legal heirs as the property in dispute in his hand is ancestral one. They have also challenged the sale deed No.1224 dated 25.10.2013 executed by defendant No.2 being without legal necessity and just a paper transaction. The plaintiffs-respondents have also sought the consequential relief of permanent injunction.

(3.) During the pendency of the suit, petitioner-defendant No.1 filed an application for directing the plaintiffs to affix the ad valorem court fees on the sale consideration of Rs.11,70,000/- as they have sought the cancellation of sale deed dated 1224 dated 25.10.2013.