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2023 Supreme(SC) 1314

A. S. BOPANNA, M. M. SUNDRESH
Sajjan Singh – Appellant
Versus
Jasvir Kaur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Himanshu Sharma, Mr. Ram Niwas Sharma, Ms. Aditi Sharma, Mr. Nitin Sharma, Mr. Nikhil Bajaj, Mr. Digvijay Singh Raghav, Mr. L.S. Mann, Mr. Arun Kumar, Mr. Rahul Jasoria, Ms. Anshita
For the Respondent: Mr. Abhinay, Ms. Sumati Jund, Mr. L.K. Srivastava

Table of Content
1. appeal disposed along with pending applications. (Para 2 , 8)
2. high court allowed revision petition and rejected plaint. (Para 3)
3. grievances concerning court fee and prayer adequacy are for trial. (Para 4 , 5)
4. high court order is set aside; case restored. (Para 6)
5. contentions in application open for written statement. (Para 7)

ORDER :

2. Heard the learned counsel for the appellant as also the learned counsel for the respondents and perused the appeal papers.

4. Having heard the learned counsel for the parties, we have taken note that the grievance essentially put forth by the respondents for which an application under Order VII Rule 11 was filed, is that the appellant herein, had not sought for an appropriate prayer to declare the sale deeds dated 03.12.2015 and 26.02.2016 as illegal, null and void and no court fee in that regard was paid.

6. Hence, the Order dated 25.03.2019 passed by the High Court of Punjab and Haryana at Chandigarh is set aside. The Civil Suit bearing C.S. No. 192/2016 dated 26.09.2015 is restored to the file of the learned Additional Civil Judge (SD), Khamnon, District Fatehgarh Sahib, Punjab to proceed further in the matter.

8. Appeal is

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