GURJIT SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 09.05.2018 passed by Civil Judge (Junior Division), Amritsar, vide which application under Order 7 Rule 11 CPC filed by defendants No.1 to 7 was allowed and the plaintiff/petitioner was directed to pay ad valorem Court fee on the suit.

(2.) Plaintiff filed a suit for declaration to the effect that he is a co-owner/co-sharer in joint possession of land measuring 160 kanals, 13 marlas as shown in the headnote of the plaint to the extent of 1/18th share out of entire suit land or in other words 1/3rd share of the plaintiff out of 1/6th share of Avtar Singh and suit for declaration to the effect that the alleged exchange deed dated 11.10.2013 and mutation sanctioned in pursuance thereof are illegal and result of fraud. Permanent injunction and mandatory injunction were also sought in the suit.

(3.) Defendants No.1 to 7 filed an application under Order 7 Rule 11 CPC for rejection of plaint on the premise that exchange deed dated 11.10.2013 registered on 14.10.2013 to which the plaintiff is one of the executants is being challenged and it is necessary for the plaintiff to pay ad valorem Court fee as per document and as per value of the exchange deed.