Amarjit Kaur And Another vs Gurnait Singh And Others on 4 November, 2009

C.R. No. 6362 of 2009                                                   [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                 CHANDIGARH.

                                  C.R. No. 6362 of 2009

                                  Date of Decision: November 4, 2009



Amarjit Kaur and another

                                       .....Petitioners

             Vs.

Gurnait Singh and others

                                       .....Respondents


CORAM:       HON'BLE MR. JUSTICE M.M.S. BEDI.

                           -.-

Present:-    Mr.Parminder Singh, Advocate
             for the petitioners.

                   -.-



M.M.S. BEDI, J. (ORAL)

Vide impugned order, the application under Order 7 Rule 11

CPC filed by the defendant- petitioners has been dismissed, inter-alia on the

ground that plaintiff-Gurnait Singh is not a party to the sale deed.

Counsel for the defendant- petitioners has submitted that a

specific preliminary objection No.6 has been raised in the written statement

taking up the plea that the suit deserves to be dismissed as ad-valorem Court

fee according to the value of the suit property has not been affixed. He has
C.R. No. 6362 of 2009 [2]

contended that the property in dispute is not a coparcenery property and that

the gift deeds and the sale deeds of the property in dispute have been validly

executed. In case the plaintiff- respondents are able to prove that the

property is not coparcenery still he can be directed to make good the

deficiency in Court fee after the adjudication of the issue in Court fee.

Counsel for the petitioners at this stage has made a prayer to

withdraw this revision petition with liberty to raise the plea of Court fee

before the trial Court to get the adjudication of the issue on the basis of facts

and the law in favour of the petitioners.

The revision petition is permitted to be withdrawn. It is

observed that the impugned order will not prejudice the adjudication of the

issue regarding affixation of ad-valorem Court fee on the basis of the

material of facts and law produced before the trial Court.

Disposed of as withdrawn with the abovesaid liberty.

November 4, 2009                                     (M.M.S.BEDI)
 sanjay                                                JUDGE