S.K.Jain, J. - (1.) Registrar - Smt. Kartar Kaur filed Civil Suit No.442 of 1982 in the Court of Shri S.S.Sandhu, Sub Judge 1st Class, Phillaur against S/Shri Mohinder Singh, Mohan Singh, Satinder Singh and Sohan Singh fora decree of declaration to the effect that she was owner in possession of the land mentioned in the plaint and that decree dated 27-2-1982 passed in Civil Suit Mohinder Singh v. Kartar Kaur was illegal, inoperative, void and not binding on her. The suit was dismissed by the Trial Court.
(2.) Smt. Kartar Kaur preferred Civil Appeal No.278 of 1985 which was accepted by Shri R.D.Single, Additional District and Sessions Judge, Jalandhar.
(3.) Feeling aggrieved the defendants have come up in this Regular Second Appeal. In the opening-sheet the value for the purposes of Court Fee has been shown as Rs. 280/- and a Court Fee of Rs. 28/- has been paid. The Registry raised an objection to the effect that substantive relief claimed in the suit is that of setting aside of decree to which the plaintiff was a party, therefore, in view of the ratio laid down in Niranjan Kaur v. Nirbigan Kaur, 1981 RLR 428 followed in Regular Second Appeal No. 2611 of 1985, Jaga Singh v. Chhatar Singh. The appellant was liable to pay Court fee stamp as provided under Article 1, Schedule I of the Court Fees Act. The learned Counsel for the appellant joined issues with the Stamp Reporter and that is how the case has come up before me for decision on the point of Court fee stamp.;