JAWAHAR PRAJAPATI Vs. RAMDEO PRAJAPATI

JUDGEMENT

(1.) Petitioners are the defendants and the instant CMP has been filed under Article 227 of the Constitution of India for quashing the order dtd. 18/3/2025 passed by Civil Judge (Jr. Division)-I, Chatra in MCA No.40 of 2023 (O.S. No.1 of 2016) whereby and whereunder the petition under Order VII Rule 11(b) CPC, 1908 has been rejected.

(2.) It is submitted by learned counsel for the petitioners that the aforesaid Suit has been filed, inter-alia, for the cancellation of the sale-deed in which the applicable Court fee will be ad-valorem as per Sec. 7(iv)(c) read with Sec. 7(v) of the Court Fee Act, 1870. Reliance is placed on the ratio laid down by the Apex Court in Suhrid Singh @ Sardool Singh vs. Randhir Singh & Ors. (2010) 12 SCC 112, wherein it has been held that in a suit for declaration that the deeds do not bind the "coparcenary" and for joint possession by a person who was not the executant of the sale deeds, court fees was computable under Sec. 7 (iv)(c) of the Court Fees Act, 1870. It is contended that the ratio as laid down by the Apex Court in Agra Diocesan Trust Association vs. Anil David and Ors., in Civil Appeal No.1722 of 2020 (Arising out of SLP (C) No.18008 of 2019) is also to the same effect.

(3.) It is contended that the authority relied upon by the Court below will not be applicable in the present case.