Ashok Kumar Jain And Others v. Ajai Jain And Others
RA-CR-126-CII of 2018 (O&M) in {1} CR No.7454 of 2017
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH RA-CR-126-CII of 2018 (O&M) in CR No.7454 of 2017 Date of decision:06.07.2018 Ashok Kumar Jain and others ... Applicant/Petitioners Vs.
Ajai Jain and others ... Non-applicant/Respondents RA-CR-123-CII of 2018 (O&M) in CR No.7456 of 2017 Ashok Kumar Jain and others ... Applicant/Petitioners Vs.
Ajai Jain ... Non-applicant/Respondent
CORAM:
HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Jaivir Yadav, Advocate for the applicant/petitioners.
AMIT RAWAL J. (Oral) This order of mine shall dispose of two review applications bearing Nos. RA-CR-126-CII-2018 and RA-CR-123-CII-2018. Prayer in the review applications is for review of the order dated 23.04.2018, whereby, the revision petitions preferred against the impugned order dated 12.04.2017 dismissing the application under Order 7 Rule 11 CPC moved by the defendants have been allowed. Savita 2018.07.10 10:53 I attest to the accuracy and integrity of this document High Court Chandigarh
RA-CR-126-CII of 2018 (O&M) in {2} CR No.7454 of 2017 This Court, vide order dated 23.04.2018 while allowing the petitions had observed that respondent-plaintiffs are required to pay the court fee on the value mentioned in the lease deed and sale deed but vis-a-vis evaluation qua sale deed, it has to be as per market value as the property is situated within the limits of Municipal Area. I am afraid the aforementioned argument does not carry any force, for, challenging the sale deed, price mentioned in the sale deed has to be challenged which would be subject to the final outcome of suit vis-a-vis court fee.
With the aforementioned observations, I do not find any force in the review applications. Consequently, the same are hereby dismissed. (AMIT RAWAL) JUDGE July 06, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.07.10 10:53 I attest to the accuracy and integrity of this document High Court Chandigarh