JYOTI Vs. SANJAY KANSAL

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned trial court (Civil Judge, Jr. Divn., Panipat), dtd. 18/10/2018, by which he has been asked to pay court fee ad valorem on the sale consideration mentioned in the sale deed qua which the petitioner seeks a declaration that it be set aside.

(2.) The learned trial court while passing the impugned order, has referred to a judgment of the Supreme Court in Suhrid Singh @ Sardool Singh v. Randhir Singh and others, AIR 2010 (SC) 2807, and has quoted the following passages from the judgment:-

(3.) Thus, holding that the petitioner being the executant of the sale deed qua which she seeks a declaration that it be set aside, whereas she actually should have filed a suit seeking cancellation of the sale deed, for which she is required to pay the court fee ad valorem, the said order has been passed.