Harpal Singh v. Kuldeep Singh

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 9084 of 2017 Date of Decision: 04.04.2022 Harpal Singh ... Petitioner(s)

Versus

Kuldeep Singh ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Naresh Kumar Kalia, Advocate for the petitioner(s).

Mr. Vishal Aggarwal, Advocates for the respondent.

Anil Kshetarpal, J.

1.

The plaintiff assails the correctness of the order dated 27.11.2017, passed by the trial Court directing him to pay ad valorem court fee, failing which his suit shall be dismissed. 2.

Admittedly, the petitioner is the executant of the sale deed. He prays for its annulment. This suit is governed by Section 31 of the Specific Relief Act, 1963.

3.

By now, it is well settled that an executant, who wants annulment of a document, is required to pay ad valorem court fee. Reliance in this regard can be placed on the judgment, passed by the Supreme Court in Suhrid Singh alias Sardool Singh v. Randhir Singh and Others (2010)12 SCC 112 as well as a three Judges' Bench judgment of this Curt in Niranjan Kaur v. Nirbigan Kaur 1981 AIR (Punjab & Haryana) 368. DEEPAK KUMAR BHARDWAJ 2022.04.06 11:15 I attest to the accuracy and integrity of this document

Civil Revision No. 9084 of 2017 4.

In view of the above, no ground is made out to interfere. Hence, the present revision petition is dismissed. (Anil Kshetarpal) Judge April 04, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.04.06 11:15 I attest to the accuracy and integrity of this document