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2010 Supreme(P&H) 2973

ALOK SINGH
Chand Kaur – Appellant
Versus
Jagsir Singh – Respondent


Advocates appeared:
Mr. S.S. Rangi, Advocate, for the petitioner.

JUDGMENT

ALOK SINGH, J. - Present petition is filed challenging the order dated 13.05.2010 passed by learned Civil Judge (Junior Division), Nabha, thereby directing the plaintiff-petitioner to pay ad valorem court fee.

2. The brief facts of the present case are that plaintiff has filed suit for declaration declaring the transfer deed dated 28.12.2009 as illegal, null and void on the ground that transfer deed is outcome of fraud and misrepresentation.

3. This Court in the matter of Surinder Pal vs. M/s Rainbow Promoters Pvt. Ltd., C.R. No. 3091 of 2007, decided on 01.10.2010 has observed as under:-

“In the humble opinion of this Court, of course question of payment of Court fee ordinarily shall be decided looking into the contents of the plaint and relief sought, however, a litigant cannot be permitted to mould the relief to save Court fee. Real intention of the plaintiff and real relief hidden in the relief sought is to be found out from the contents of the plaint to decide the question of Court fee. In the opinion of this Court, if executant of a deed wants it to be annulled, he has to seek cancellation of the deed. However, if the deed is void ab initio, then suit simpliciter for






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