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2022 Supreme(P&H) 2120

ARCHANA PURI
Surender Kumar @ Salender Kumar – Appellant
Versus
Abid Khan – Respondent


Advocates appeared:
Mr. Nitin Kumar Sharma, Advocate, for the petitioner.

JUDGMENT

Archana Puri, J. - Through the present Civil Revision petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 13.05.2022 (Annexure P-4), passed by learned Civil Judge (Junior Division), whereby the petitioner has been directed to pay ad valorem Court fee, within a period of two months from the date of passing of the order.

2. For convenience of discussion, the parties are being referred as they have made appearance before learned trial Court.

3. The material facts to be taken into consideration are as follows:-

Plaintiff filed a suit for declaration with mandatory injunction against the defendants and as per pleaded version of the plaintiff, he had a plot measuring 56 ft. x 48 ft. i.e. 2688 sq. feet, situated at Village Khanpur Jattan, Tehsil Shahabad Markanda, District Kurukshetra, within abadi deh (lal dora) of village Khanpur Jattan.

4. Defendant No.1, Abid Khan, was engaged for construction of the said house in the year 2017 on contract basis, at the rate of Rs.110/- per sq. feet, for all kind of construction. The plaintiff, who is petitioner herein purchased the cement for use in the above said construction of the house

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