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2010 Supreme(P&H) 1555

ADARSH KUMAR GOEL, ALOK SINGH
Dara Singh – Appellant
Versus
Gurbachan Singh – Respondent


Judgment

Alok Singh, J.

1. Present revision was filed before learned Single Judge impugning the order dated 2.12.2008 passed by Civil Judge, Jr. Division, Nabha whereby directing the plaintiffs-petitioner herein to pay ad valorem Court fee on the sale consideration shown in the impugned sale deed therein in suit No.233/15.4.2004 seeking a declaration that the sale deed qua the share of the plaintiffs and proforma respondents is void ab initio, noneffective and consequentially relief of injunction was also sought restraining defendants No. 1 and 2 from alienating any land out of the aforesaid property in any manner.

2. Learned Single Judge vide order dated 18.12.2009 requested the Honble Chief Justice to refer the matter to the larger Bench in view of the following conflicting judgements:-

"1. Ravinder Kumar v. Narinder Kumar and others,(2007-2)156 The Punjab Law Reporter 577;

2. Prince Minor through his mother and natural guardian Smt. Rekha v. Suresh Kumar and others, 2009(1) Civil Court Cases 186;

3. Devasharay Singh v. Saroj Kumar @ Saroj Singh, 2008(4) Civil Court Cases 523 (Patna);."

on the one hand, taking the view if sale deed under challenge was not executed by the plaintiff
























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