Roshani Devi And ANR v. Ajaydar Hussain And ORS
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Present:
Mr. Vikram Singh, Advocate for the petitioners.
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, 8 The present petition has been filed under Articles 227 of the Constitution of India for setting aside the order dated 20.09.2021 (Annexure P2) passed by the Additional Civil Judge (Sr. Division), Indri, Karnal. The application filed under Order 7 Rule 11, CPC filed by the defendants0petitioners has been rejected on the premise that the plaintiff, being non0executant of the sale deed and in possession of the property in question, is not required to affix court fees. The view expressed vide impugned order (Annexure P2) is based upon the ratio of Sardool Singh Vs. Randhir Singh and Others, AIR 2010(SC) 2807. Thus, no interference is called for.
The petition is accordingly, dismissed.
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4 Sonia Puri
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA PURI 2021.11.09 12:28 I attest to the accuracy and integrity of this document Chandigarh