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2019 Supreme(P&H) 2621

RAJ MOHAN SINGH
Gurjit Singh – Appellant
Versus
Baljit Singh & Ors. – Respondent


Advocates Appeared:
Mr. A.S. Manaise, Advocate, for the Appellant; Mr. Prateek Sodhi, Advocate for Respondents

JUDGMENT

Raj Mohan Singh, J. - CM NO.14166-CII of 2019- For the reasons mentioned in the application, the same is allowed. Accompanying document is taken on record.

Main case

1. Petitioner has preferred this revision petition against the order dated 09.05.2018 passed by Civil Judge (Junior Division), Amritsar, vide which application under Order 7 Rule 11 CPC filed by defendants No.1 to 7 was allowed and the plaintiff/petitioner was directed to pay ad valorem Court fee on the suit.

2. Plaintiff filed a suit for declaration to the effect that he is a co-owner/co-sharer in joint possession of land measuring 160 kanals, 13 marlas as shown in the head note of the plaint to the extent of 1/18th share out of entire suit land or in other words 1/3rd share of the plaintiff out of 1/6th share of Avtar Singh and suit for declaration to the effect that the alleged exchange deed dated 11.10.2013 and mutation sanctioned in pursuance thereof are illegal and result of fraud. Permanent injunction and mandatory injunction were also sought in the suit.

3. Defendants No.1 to 7 filed an application under Order 7 Rule 11 CPC for rejection of plaint on the premise that exchange deed dated 11.10.2013 registe

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