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2024 Supreme(P&H) 66

GURBIR SINGH
Kulbir Singh – Appellant
Versus
Parmod Gupta – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajesh Bansal.
For the Respondent: Akshay Jindal.

JUDGMENT :

GURBIR SINGH, J.

1. Challenge in this revision petition filed under Article 227 of the Constitution of India is to the orders dated 25.10.2023 (Annexure P-1) and dated 06.01.2020 (Annexure P-2) passed by learned Civil Judge (Junior Division), Karnal in a Civil Suit No. 333/2019, dated 08.02.2019 titled as Kulbir Singh vs. Parmod Gupta and Others, whereby the petitioner has been directed to pay ad-valorem court fee on the market value of the suit land.

2. In brief the facts as culled out from the petition are that the petitioner-plaintiff (hereinafter referred as “plaintiff”) filed a suit for possession of property as mentioned in the head note of the plaint, along with consequential relief of permanent injunction. Upon notice, some of the respondents-defendants (hereinafter referred as “defendants) appeared and filed two applications i.e. one application dated 07.03.2019 (Annexure P-4) by defendants No. 4 and 18 and the other application dated 20.03.2019 (Annexure P-5) by defendants No. 6 to 9, 11, 13, 16, 19, 22, 23, under Order 7 Rule 11 CPC for rejection of the plaint on the ground that appropriate court fee has not been affixed by the plaintiff at the time of presentati

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