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2021 Supreme(P&H) 1615

ALKA SARIN
Sumer Singh alias Sumer Chand – Appellant
Versus
Sher Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.S. Mamli.
For the Respondent: Parminder Singh.

JUDGMENT :

ALKA SARIN, J.

1. The present Civil Revision Petition under Article 227 of the Constitution of India has been filed impugning the order dated 11.03.2015 (Annexure P-1) passed by the Civil Judge (Junior Division), Karnal, whereby the plaintiff-petitioners have been directed to affix ad-valorem court fee on the plaint. The said order has been passed on an application filed by the defendant-respondents under Order 7 Rule 11 of the Code of Civil Procedure, 1908.

2. The brief facts relevant to the present lis are that the plaintiff-petitioners herein filed a suit for declaration with possession and consequential relief of permanent injunction. It was averred in the plaint that the plaintiff-petitioners and the defendant-respondents are real brothers and that the plaintiff-petitioners and the defendant-respondents had jointly purchased land measuring 30 marlas from their joint income. However, the defendant-respondents had not got the sale deeds registered in the names of the plaintiff-petitioners. The prayer in the suit was for the issuance of a decree of declaration to the effect that the plaintiff-petitioners are owners of land measuring 15 marlas out of 30 marlas of land with

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