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2023 Supreme(P&H) 810

KARAMJIT SINGH
Kanta – Appellant
Versus
Mahender – Respondent


Advocates appeared:
Mr. Shobhit Rapria, Advocate for the petitioners.

KARAMJIT SINGH, J.

1. The present petition has been filed by the petitioners/defendants against the order dated 01.08.2023 (Annexure P-1) passed by the Court of Learned Civil Judge, Junior Division, Sonepat whereby the application filed by the petitioners under Order 7 Rule 11 CPC (Annexure P-2) has been dismissed.

2. The Counsel for the petitioners inter alia contends that the impugned order is liable to be set aside being bad in law. It is further contended that respondent/plaintiff-Mahender has filed suit for declaration to the effect that the plaintiff is owner in possession over the suit property and sale deed No.8786 dated 21.11.2022 is null and void and same be set aside with consequential relief of permanent injunction. The counsel for the petitioners further submits that the petitioners filed an application under Order 7 Rule 11 CPC to reject the plaint as the respondent had not affixed ad-valorem Court fees in proportion to the sale consideration given in the aforesaid sale deed and the suit is under valued and Court fees of Rs.50/- is affixed on the plaint. Counsel for the petitioners further submits that the law with regard to Court fees to be affixed by the plaintiff in

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