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ASHISH SHROTI
Col. Saurabh Misra – Appellant
Versus
Sangeeta Upadhyay – Respondent
ORDER
1. The petitioner has filed this Misc. Petition under Article 227 of the Constitution of India challenging the order dated 20.7.2023 passed by IVth Civil Judge Class-I, Gwalior (M.P.) in RCS A 168/2020 whereby, the application under Order 7 rule 11 CPC filed by respondent/defendant has been allowed and the petitioner has been directed to pay ad valorem court fees on the valuation done by him for the relief of declaration.
2. The plaintiff has filed a suit for declaration that the sale-deed executed by his mother, Smt. Krishna, on 8.8.2019 in favour of the defendant, who is sister of plaintiff, is null and void. He has also prayed for a decree of permanent injunction restraining the defendant from alienating the suit property. As per the plaintiff's case, the suit property was the self-acquired property of his father who purchased the same from its earlier owner on 5.11.1973. After purchasing the said plot, the plaintiff's father constructed the suit house out of his own earning. He has further pleaded in plaint that his father retired from Indian Army in 1991and thereafter started living in the suit house alongwith the family. It is pleaded in the plaint that the defendant taki
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.
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 declaration of voidness suffices in court fee assessments if the plaintiff is not an executant of the deed, negating the need for cancellation or payment based on market value.
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,....
Non-executant plaintiffs challenging validity of sale deeds must pay ad valorem court fees due to lack of possession.
Executants of sale deeds seeking annulment must pay ad valorem Court fee based on total consideration, as opposed to non-executants seeking mere declarations.
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