Tejinder Pal Singh vs Gurdavinder Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1545

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Tejinder Pal Singh – Appellant
Versus
Gurdavinder Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Vinod Kumar Handa, Advocate and Mr. Karan S. Gill, Advocate

JUDGMENT :

Vikas Bahl, J. (Oral)

This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 23.10.2024 (Annexure P-1) passed by the Civil Judge (Jr. Div.), Ambala, vide which the the application under Order 7 Rule 11 CPC filed by respondents no.1 to 3 for directing the petitioner-plaintiff to affix proper court fee on the value of the alleged sale deed has been allowed.

2. Learned counsel for the petitioner has submitted that in the present case, the petitioner had filed a suit for declaration to the effect that the alleged sale deed dated 17.02.2022 is illegal, null and void and has not prayed for cancellation of the said sale deed and thus, is not liable to pay the ad-valorem court fee. It is submitted that the impugned order, vide which the petitioner has been directed to pay ad-valorem court fee, is not in accordance with law and deserves to be set aside.

3. It is not in dispute that the petitioner was one of the executants of the sale deed dated 17.02.2022 (Annexure P-6) which is now sought to be challenged by the petitioner. The trial Court vide impugned order has observed that the relief sought by the petitio

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