BHAGWAN KAUR Vs. AMRIK SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned trial Court on 15-12-2004 whereby an application filed by the defendants for rejection of the plaint under Order 7, Rule 11 of the Code of Civil Procedure. 1908 (hereinafter to be referred as "the Code") on account of insufficient court-fees affixed in a suit for declaration was dismissed.

(2.) The plaintiffs have filed a suit for declaration to the effect that they are the owners of the suit land and the gift deeds dated 21-5-1977 and 25-5-1977 are illegal, null and void and liable to be set aside. The suit has been valued for the purposes of court-fee and jurisdiction at Rs. 200/- though it is alleged that the value of the land in question was not less than Rs. 10 crores. The plaintiffs have claimed themselves to be in joint possession and sought consequential relief of permanent injunction restraining the defendants from alienating the suit land.

(3.) The defendants moved an application for directing the plaintiffs to pay ad valorem court-fee since the challenge in the suit is to the gift deeds. Learned trial Court dismissed the said application on the ground that the plaintiffs have sought declaration being coparceners in the joint Hindu family property and the challenge to the gift deeds is ancillary and, therefore, the Full Bench judgment of this Court, referred to by learned counsel for the defendants, reported as Niranjan Kaur v. Nirbigan Kaur, 1981 Pun LJ 423 was found to be not applicable to the fact of the present case.