PREM WATI Vs. JULE KHAN AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner challenges the order dated 21.02.2018 (Annexure P-4), passed by the learned Civil Judge (Jr. Divn.), Hathin, by which her application under Order 7 Rule 11 of the CPC has been dismissed.

(2.) Vide the said application, the petitioner (defendant no.1 in the suit) had sought rejection of the plaint on the ground that despite the sale deed dated 09.11.2015 having been challenged, (it having been sought to be declared null and void and not binding on the respondent-plaintiff), court fee ad valorem had not been paid on the sale consideration shown in the said sale-deed.

(3.) The learned Civil Judge, after considering the matter held that since an allegation of fraud had been made by the plaintiff, to the effect that the instrument of general power of attorney on the basis of which the sale deed was executed by the attorney, was obtained by a fraud committed upon the plaintiff, court fee ad valorem was not required to be paid.