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H. S. MADAAN
Parjeet Singh – Appellant
Versus
Rajinder Pal Singh – Respondent
| Table of Content |
|---|
| 1. plaintiff challenges order to affix court fee. (Para 1 , 2) |
| 2. arguments regarding necessity of court fee. (Para 3) |
| 3. court's reasoning on advalorem court fee. (Para 4 , 7) |
| 4. court finds order vague on market value. (Para 6) |
| 5. revision petition disposed directing trial court. (Para 8) |
Judgment
Mr. H.S. Madaan, J.
Under challenge in this revision petition is the order dated 21.1.2016 passed by Civil Judge (Jr. Divn.), Ludhiana in Civil Suit titled as ‘Parjeet Singh Versus Rajinder Pal Singh and others’ vide which while disposing of an application under Order 7 Rule 11 CPC for rejection of the plaint having been moved by applicant/defendant No.45, the plaintiff was found liable to affix advalorem Court fee on the plaint as per the market value and a direction in that regard was given to him. The revision petitioner before this Court is plaintiff Parjeet Singh.
2. Briefly stated, facts of the case are that plaintiff Parjeet Singh by way of amended plaint had sought a decree for declaration that impugned sale deeds are null and void and as a consequential relief craving for possession of the suit property. In those proceedings, an application had been filed under Order 7
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