HAJRA Vs. YAKOOB

JUDGEMENT

(1.) The present revision petition is at the instance of the plaintiffs challenging the impugned order dated 4.11.2016 passed by Civil Judge, (Junior Division), Mewat. Vide said order, an application under Order 7, Rule 11(d) of the Code of Civil Procedure, 1908 (for short 'CPC') was decided holding that the plaintiffs have to pay ad-volerum Court fee on the market value of the suit property.

(2.) Learned counsel for the petitioners challenged the said order on the ground that though the suit was filed for possession and mandatory injunction but in fact it was a suit under the Specific Relief Act, 1963 (for short 'the Act') and therefore, no ad-volerum court fee had to be paid.

(3.) Learned counsel for the petitioners relied upon Section 6(2) of the Act, to state that since the suit has been filed within six months of the date of dispossession, therefore, the suit is under Section 6 of the Act.