Surinder Singh v. Jarnail Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision No.4494 of 2015 (O&M) Date of Order: 06.11.2017 Surinder Singh ..Petitioner

Versus

Jarnail Singh ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Digvijay Nagpal, Advocate, for the petitioner.

ANIL KSHETARPAL, J (Oral) Plaintiff-petitioner is in revision petition against order directing the petitioner to pay ad-valorem court fee on the amount of consideration recorded in the sale deed i.e. Rs.42 lacs.

It is not in dispute that the plaintiff is the executant of the sale deed, although, he is asserting that the sale deed is result of impersonation. It is well settled that an executant is required to pay ad-valorem court fee as per Article 1 Schedule 1 of the Court Fees Act, 1870. Reference in this regard can be made to the judgment of the Hon'ble Full Bench of this Court in Niranjan Kaur v. Nirbigan Kaur, 1981, P.L.J.,423 In view thereof, there is no ground to interfere with the order passed by the Court below. Since the time for payment of court fee has lapsed during the pendency of the revision petition, therefore, the petitioner is granted another one month's time to make up the deficiency in the Court fee.

The revision petition is dismissed.

November 06, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.11.15 13:39 I attest to the accuracy and integrity of this document Chandigarh