Disposed

Malook Singh and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC9 May 2023CR/3617/2017

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana disposed of a revision petition challenging a lower court order regarding deficiency in court fee. The High Court directed the trial court to decide the underlying civil suit on merits and reserve the question of court fee deficiency for the final order.

What did the court decide?

Direction to the trial Court to decide the civil suit on merits, with the court fee deficiency to be addressed in the final order if evidence supports it.

Malook Singh and Ors. Vs State of Haryana and Ors. — Property and Title | Punjab & Haryana HC (2023)

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C.R. No. 3617 of 2017 -1-

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2023:PHHC:066676

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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C.R. No. 3617 of 2017 (O&M) Date of decision : 9.5.2023

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Malook Singh and others

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................Petitioners

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vs.

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State of Haryana and others

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.................Respondents

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Coram: Hon'ble Mr. Justice H. S. Madaan

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Present: Mr. Parminder Singh, Advocate for the petitioners.

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Mr. Karan Jindal, Assistant Advocate General, Haryana.

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H. S. Madaan, J. (Oral)

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Feeling aggrieved by the order dated 2.5.2017 (Annexure P- 6) vide which while disposing of an application under Order 7 Rule 11 CPC, filed by the defendants in the pending civil suit titled 'Joga Singh etc. vs. State of Haryana etc.', the trial Court of Additional Civil Judge (Senior Division), Karnal, has directed the plaintiffs to affix ad volerum court fee on the market value of the suit land as per the Collector rate at the time of filing of the suit, for the reason that the plaintiff has challenged the sale deeds executed in favour of defendants No. 9 to 11 by father of defendants No. 6 to 8 and has sought the relief of possession in the form of mandatory injunction claiming themselves to be owners of the land, which has allegedly

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BANITA CHUGH 2023.05.12 11:43 I attest to the accuracy and integrity of this document

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C.R. No. 3617 of 2017 -2-

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been transferred fraudulently in favour of defendants No. 9 to 11. This order left the plaintiffs aggrieved and they have filed the present revision petition before this Court, notice of which was given to the respondents.

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I have heard learned counsel for the plaintiffs - petitioners, besides going through the record.

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It is stated by learned counsel for the revision petitioners that proceedings before the trial court court are almost at the fag end and as much as the case is fixed for rebuttal and arguments, though on account of order passed by this Court, staying the operation of the impugned order, the civil suit has not been disposed of so far.

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After considering the submissions made by learned counsel for the petitioners and going through the record, the revision petition is disposed of with a direction to the trial Court to decide the civil suit on merits. If on the basis of evidence adduced by the parties and other facts and circumstances, the trial Court comes to the conclusion that the court fee affixed by the plaintiffs on the plaint is deficient, then they may be directed to make up the deficiency, while passing the final order.

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Disposed of accordingly.

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9.5.2023

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( H.S. Madaan ) Judge

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chugh

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Whether speaking / reasoned Yes / No

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Whether reportable Yes / No

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BANITA CHUGH 2023.05.12 11:43 I attest to the accuracy and integrity of this document

Malook Singh and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

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Malook Singh and Ors. v. State of Haryana and Ors.

Case brief

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What did the court decide?

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