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SANJAY VASHISTH
Meena – Appellant
Versus
Ramji Lal @ Ajay – Respondent
SANJAY VASHISTH, J.
1. Present revision petition has been filed by the defendant/petitioner against the impugned order dated 11.07.2019 (Annexure P-1) passed by learned Civil Judge (Junior Division), Kalka, whereby the application filed by the defendant/petitioner under Order VII Rule 11 read with Section 151 C.P.C. was dismissed.
Further challenge has been made to the order dated 14.08.2019 (P-2), whereby review application filed by the petitioner was dismissed.
2. Mr. S.S. Nain, learned counsel for the petitioner argues that the sale deed dated 20.09.2013 is in question and suit for declaration has been instituted on 09.02.2017, which is beyond the prescribed period of limitation of three years. Learned counsel for the petitioner further argues that the required ad-Valorem Court fee has also not been paid, because the sale consideration mentioned in the sale deed dated 20.09.2013 is Rs.14,00,000/- and suit had been filed with deficient amount of Court fee, thus, on both accounts, suit is worth for its dismissal.
3. On the other hand, learned counsel for respondent/plaintiff submits that the application filed by the defendant/petitioner under Order VII Rule 11 C.P.C. before the learne
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....
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 that in a civil suit seeking joint possession, the plaintiffs are liable to pay ad valorem court fee as per Section 7(iv)(c) of the Court Fees Act,....
Court fees and limitation issues in civil proceedings were found compelling in determining the rejection of a revision petition under Article 227.
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....
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