KIRAN Vs. PARMOD

JUDGEMENT

(1.) This is a civil revision petition under Article 227 of the Constitution of India for setting aside the impugned order dtd. 2/4/2019 whereby the application under Order VII Rule 11 CPC filed by the respondents has been allowed.

(2.) The plaintiff has filed the present revision petition challenging the order dtd. 2/4/2019 vide which the plaintiff has been directed to pay ad valorem Court fee on the mortgage amount. A perusal of the impugned order would show that it has been noticed by the trial Court that a mortgage deed No.3670 dtd. 8/8/2014 was registered at the office of Sub Registrar, Bahadurgarh and the plaintiff had mortgaged the suit land as detailed in para 1 of the plaint to the defendants for mortgage amount of Rs.20,75,000.00 and thereafter had filed a suit for declaration and permanent injunction to get the said registered mortgage deed set aside and cancelled. It was further observed that since the plaintiff had not affixed the Court fee, thus, an application was filed by the respondents-defendants for rejection of the plaint under Order VII Rule 11 CPC. After hearing the arguments of the parties concerned, the trial Court observed that the said mortgage deed was a registered document and was executed by plaintiff-Kiran in favour of defendants Parmod and Dharmender in lieu of the mortgage amount of Rs.20,75000.00 and a challenge was made to the said mortgage deed and since the plaintiff was a party to the said mortgage deed, the plaintiff was liable to pay Court fee on the mortgage amount i.e. on the amount of Rs.20,75,000.00. In support of the said observations, reliance was placed upon the judgment of the Hon'ble Supreme Court in the case of Suhrid Singh @ Sardool Singh Versus Randhir Singh, 2010(12) SCC 112. Accordingly, the application was allowed and the plaintiff was directed to pay ad valorem Court fee on the mortgage amount.

(3.) The Hon'ble Supreme Court in the abovesaid case has held as under: