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KARAMJIT SINGH
Kanta – Appellant
Versus
Mahender – Respondent
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
The central legal point established in the judgment is the requirement to consider the law regarding computation of Court fees in civil suits challenging sale deeds, as enumerated by the Hon’ble Supr....
Plaintiffs, as executants of sale deeds, are required to seek cancellation of the deeds and affix ad-valorem court-fee as per the sale consideration mentioned in the deeds, even when seeking a declar....
The main legal point established in the judgment is the requirement of ad valorem Court fee for challenging a transfer deed, which is determined based on the consideration shown in the deed and the p....
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
The main legal point established in the judgment is the determination of court fee payable in a suit for declaration of joint ownership and consequential relief of possession, where the sale deeds ar....
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