DILIP SINGH Vs. GOVIND AGARWAL

JUDGEMENT

(1.) THIS writ petition is directed against the order dtd. 26.3.2011 passed by the learned Additional Dist. Judge (Fast Track) No. 5, Udaipur in Civil Suit No. 42/2009 - Dilip Singh and anr. vs. Govind Agarwal and ors. whereby the learned trial Court has directed the petitioners -plaintiffs to deposit the Court fee while partly allowing the application of the defendants under Order 7 Rule 11 C.P.C. for payment of Court fee for declaration of title also since the defendant No. 2 Shiv Charan Singh Shaktawat claimed that there was a pre -existing sale -deed in his favour executed on 5.10.2006. The sale -deed on the basis of which the petitioners - plaintiffs claimed possession under Sec. 6 of the Specific Relief Act was registered on 13.10.2008, at a subsequent point of time. The learned Court below has allowed the defendants' application and has directed the plaintiffs to deposit the Court fee on valuation of the property in accordance with Section 24 of the Suit Valuation Act, 1961.

(2.) HAVING heard the learned counsels for the parties, this Court is satisfied that the impugned order does not require any interference by this Court under Article 227 of the Constitution of India as the scope of interference with the interlocutory order passed by the trial Court, is narrow and such orders are not required to be upset in writ jurisdiction under Article 227 of the Constitution of India, unless there is serious miscarriage of justice. The relief under Sec. 6 of the Specific Relief Act cannot be granted in such cases unless challenge to a previously registered sale -deed is made and the same would require payment of appropriate Court fee. Accordingly, this writ petition of the plaintiff is dismissed. No order as to costs. A copy of this order be sent to the parties concerned and the learned Court below forthwith.