In a revision petition, the High Court dismissed the plea that a suit to set aside a sale deed is not a cancellation requiring ad valorem court fee. The court upheld the rejection of the plaint for non-payment of court fee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R. No.6026 of 2018 (O&M)
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.6026 of 2018 (O&M) Date of Decision.21.01.2019
Kaku Singh
...Petitioner
Vs
Gurwinder Kaur and others ...Respondents
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. P.K.S. Phoolka, Advocate for the petitioner.
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AMIT RAWAL J. (ORAL)
The present revision petition is directed against the impugned order whereby the application of the respondent-defendant for rejection of the plaint for non-payment of the court fee, has been allowed.
Mr. Phoolka, learned counsel for the petitioner submitted that the suit for declaration for setting aside the sale deed does not amount to cancellation, therefore, ad valorem court fee is not required to be paid.
I am afraid the aforementioned argument is not sustainable. Concededly, the petitioner-plaintiff is executant of the sale deed dated 15.04.2018. As per the ratio decidendi culled out by Full Bench of this Court in Niranjan Kaur Vs. Nirbagan Kaur 1982 PLR 127 , a person is required to pay the court fee.
In view of such circumstances, the order under challenge cannot be said to be suffering from infirmity, much less, cannot be said to be passed without jurisdiction. The same is upheld and the revision petition is dismissed.
(AMIT RAWAL) JUDGE
January 21, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No
PANKAJ KUMAR 2019.01.23 15:52 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a suit for declaration setting aside a sale deed requires ad valorem court fee.
Colour shows how this judgement treated each authority
Niranjan Kaur Vs. Nirbagan KaurReferred¶15
Niranjan Kaur Vs. Nirbagan Kaur 1982 PLR 127
Kaku Singh
Gurwinder Kaur
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
