Smt. Mona Devi @ Musmat Mona Kunwar And ORS v. Smt. Bimla Devi And ORS

Patna High Court C.Misc. No.1476 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1476 of 2016 ====================================================== Smt. Mona Devi @ Musmat Mona Kunwar & Ors .... .... Petitioner/s

Versus

Smt. Bimla Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dharmendra Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-12-2016 Perused the impugned order dated 19.09.2016 passed by Sub Judge IV, Sasaram in Title Suit No.1101 of 2014 whereby the court below rejected the application filed by the defendantspetitioners. It appears that the plaintiffs-respondents filed suit for declaration with regard to sale deeds. The petitioners filed application that the plaintiff be directed to file ad valorem court fee. By the impugned order, the court below rejected the application on the ground that the plaintiffs have filed declaratory suit only and they have not prayed for setting aside the sale deeds, as such, ad valorem court fee is not payable. In view of the above facts and circumstances of the case, I do not find any jurisdictional error in the order and, therefore, this Civil Miscellaneous application is dismissed. Saurabh/- (Mungeshwar Sahoo, J) U T