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2011 Supreme(P&H) 215

A.N.JINDAL
Paramjit Kaur @ Pami – Appellant
Versus
Mohinder Singh – Respondent


Judgment

A.N.Jindal, J.

1. This petition is directed against the order dated 03.04.2010 (Annexure P-4) passed by Addl. Civil Judge (Senior Division), Gurdaspur, allowing the application Under Section 7 Rule 11 CPC, preferred by respondent-defendant Nos.l and 5 to 7 (herein referred as the defendants) and directing the plaintiffs-petitioners (herein referred as the plaintiffs) to pay the ad-valorem court fee on the value of the sale deeds, sought to be annulled by them.

2. The petitioners have challenged the sale deeds dated 22.07.2008, 18.07.2008 and 09.12.2002, which are for consideration of Rs.6,00,000/-, Rs.6,41,500/- and Rs.6,00,000/- respectively. The respondents have filed the application under Section 7 Rule 11 CPC for paying the ad-valorem court fee. The said application was accepted and the plaintiffs were directed to pay the requisite court fee on the consideration of the sale deeds.

3. Having heard the rival contentions, it may be observed that the payment of Court fee originates from the pleadings, as set out by the plaintiffs and the relief claimed therein. The plaintiffs have claimed the suit property to be Joint Hindu family coparcenary property and they claimed thems


















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