276 Gulwant Singh ...... Petitioner Versus Paramjit Kaur & ors. ..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN ***

Present :- Mr. Jaswinder Singh Grewal, Advocate for the petitioner.

(Through video conferencing)

Mr. H.S.Bhatia, Advocate for respondent No.2-Bank.

None for other respondents.

***

PANKAJ JAIN, J. (ORAL)

1 Present revision petition is directed against order dated 29.11.2019 (Annexure P-6) passed by Civil Judge, Junior Division, Abohar whereby on the application filed under Order VII Rule 11 read with Section 151 CPC the Trial Court has directed the plaintiff to pay ad valorem Court fee. 2 Counsel for the petitioner has assailed the order contending that even though the plaintiff is the executant of the transfer deed, but the same being within family was without consideration and thus the plaintiff ought not have been asked to pay ad valorem Court fee. He relies upon Section 7(iv) (c) of the Court-fees Act, 1870 (for short, 'the 1870 Act') to submit that since the land has been exempted from payment of revenue in State of Punjab, no ad valorem Court fee is payable.

3 Per contra, Mr. H.S.Bhatia, Advocate for respondent No.2 would submit that the petitioner being execut