IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GIAN SAGAR EDUCATIONAL AND CHARITABLE TRUST AND ANOTHER – Appellant
Versus
NEELAM RANI AND ANOTHER – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (123 Date of Decision:-22.09.2025 GIAN SAGAR EDUCATIONAL AND CHARITABLE TRUST AND ANOTHER … Petitioners Versus NEELAM RANI AND ANOTHER ... Respondents ****
CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Nandan Jindal, Advocate for the petitioners.
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VIRINDER AGGARWAL , J . (Oral)
1. The petitioners, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeks to assail the order dated 18.07.2025 (Annexure P-1), whereby the learned Court below has erroneously directed the petitioners to affix ad-valorem court fee on the sale deed in question.
1.1. It is respectfully submitted that the impugned order is legally unsustainable inasmuch as the requisite court fee has already been affixed on the plaint in accordance with law. The subject matter of the suit pertains to Trust property, and the petitioner, being a non-executant to the impugned sale deed, cannot be saddled with the liability to pay ad-valorem court fee. The Hon’ble Supreme Court, in Surhrid Singh @ Sardool Singh v. Randhi Singh & Others, (2010) 12 SCC 112, has categorically held that in a suit filed by a non-executant
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