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2016 Supreme(P&H) 3122

SHEKHER DHAWAN
Gurnam Singh – Appellant
Versus
Dev Raj – Respondent


Advocates Appeared:
For the Appellant : Mahavir Sandhu

JUDGMENT :

Shekher Dhawan, J.

Present petition under Article 227 of the Constitution of India for quashing of order dated 5.4.2016, passed by learned Civil Judge (Junior Division), Kurukshetra whereby application dated 18.5.2015, filed by defendants No. 6 to 8 for rejection of plaint under Order 7, Rule 11 CPC on account of non payment of ad valorem court fee by the plaintiff, was dismissed.

2. Learned counsel for the petitioners submitted that the respondent/plaintiff had in fact sought relief of possession apart from seeking declaration that sale deeds No. 3268 dated 17.1.2013, No. 3938 dated 29.3.2013 and No. 68 dated 10.4.2013 are illegal, null and void. Learned counsel for the petitioner submitted that in fact petitioner is seeking relief of possession as well and in case the party is seeking relief of possession along with relief of declaration for seeking annulment of any document, then ad valorem court fee is required to be affixed. In support of his arguments, reliance was placed upon judgment rendered by Hon'ble the Apex Court in Suhrid Singh alias Sardool Singh v. Randhir Singh and Others 2010(2) RCR (Civil 564.

3. Having considered the submissions made by learned counsel fo

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