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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Mandeep Kaur – Appellant
Versus
Harpreet Singh – Respondent
JUDGMENT :
Amarinder Singh Grewal, J.
The present civil revision under Article 227 of the Constitution of India for setting aside order dated 25.08.2025(Annexure-P1) whereby the learned Additional Civil Judge (Senior Division), Phul in Civil Suit bearing No. CS/230/2020, has allowed the application filed by defendants No.4 and 5 under Order VII Rule 11 of CPC for dismissal of suit on the ground of deficient court fee.
2. Succinctly, the facts of the case are that the plaintiffs have instituted a suit challenging multiple sale deeds executed between the years 2018 and 2020, namely: sale deed No.3697 dated 06.03.2018 for Rs.6,83,000/-, sale deed No.3698 dated 06.03.2018 for Rs.19,51,000/-, sale deed No.844 dated 16.11.2018 for Rs.14,03,000/-, sale deed No.261 dated 27.04.2018 for Rs.3,17,000/-, sale deed No.262 dated 27.04.2018 for Rs.9,03,000/-, sale deed No.263 dated 27.04.2018 for Rs.5,92,000/-, sale deed No.1963 dated 14.08.2019 for Rs.10,00,000/-, sale deed No.2201 dated 04.09.2019 for Rs.4,65,000/-, sale deed No.3572 dated 15.01.2020 for Rs.5,00,000/- and sale deed No.4223 dated 12.03.2020 for Rs.5,00,000/-. The defendants filed the present application, submitting that though the
Non-executant plaintiffs challenging validity of sale deeds must pay ad valorem court fees due to lack of possession.
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....
A non-executant plaintiff seeking declaration and possession must pay court fees under Sections 7(iv)(c) and 7(v) of the Court Fees Act, not based on the transfer deed's market value.
Non-executants in a suit challenging sale deeds based on allegations of fraud are not required to pay ad-valorem court fees, establishing a distinction from executants.
Executants of sale deeds seeking annulment must pay ad valorem Court fee based on total consideration, as opposed to non-executants seeking mere declarations.
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.
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