High Court Patna High Court - Orders

Gokaran Prasad vs Tapeshwar Devi & Ors on 5 July, 2011

Patna High Court – Orders
Gokaran Prasad vs Tapeshwar Devi & Ors on 5 July, 2011
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CWJC No.10343 of 2011

                             Gokaran Prasad
                                 Versus
                          Tapeshwar Devi & Ors
                               -----------

02. 05.07.2011 Heard the learned counsel for the petitioner.

This writ application is directed against the

order dated 03.03.2011 passed by Sub Judge IV,

Bettiah, West Champaran in Partition Suit No.59 of

2009 whereby the petition filed by the plaintiff objecting

to the Stamp Report has been rejected. It appears that

the Stamp Reporter reported that the plaintiff is

required to file ad valorem Court fee on the value of the

properties covered by sale deeds on the ground that the

plaintiff has prayed not only for partitioning suit

property but also for declaring that three sale deeds

dated 17.07.2006, 24.04.2007 and 25.05.2007 are

illegal, void and prayed for setting aside the same.

From perusal of the impugned order, it appears

that the learned Court below while passing the

impugned order considered the decisions of this Court

reported in 1998 P.L.J.R.428 and also from perusal of

the prayer made in the plaint, it appears that the

plaintiff has prayed for setting aside the said sale

deeds. It was held that he is liable to pay the ad

valorem Court fee.

The learned counsel for the petitioner relied
2

upon a decision reported in 2007(1) BBCJ V-

405(Kamaldeo Prasad Singh vs. Smt. Ramsawari Devi)

and submitted that the petitioner is not required to pay

ad valorem Court fee.

From perusal of the said decisions, it appears

that in that case suit was filed simply for declaring the

sale deed as void. It is well settled that for declaring a

sale deed as void or any document as void, it is not

necessary even to file suit, the same can be shown to

be void document in any collateral proceeding also.

Therefore, this decision is not applicable here.

Accordingly, this writ application is dismissed.

Saurabh                               (Mungeshwar Sahoo,J.)