Hemant Gupta, J. - (1.) Learned Single Judge of this Court has found some contradiction in the judgments of this Court reported as Smt. Beena and others v. Rajinder Kumar and others, 2006(2) RCR (Civil) 449 and Bijender Singh v. Chand Singh, 2009(1) RCR (Civil) 270 , wherein different views are purportedly taken on the question of payment of advalorem Court fee, on the suit for declaration in terms of Section 7 (iv)(c) of the Court Fee Act, 1870 (for short 'the Act').
(2.) After the learned Single Judge found contradiction in the aforesaid two judgments, the Hon'ble Supreme Court in Suhrid Singh @ Sardool Singh v. Randhir Singh & Others, AIR 2010 SC 2807 : 2010 (3) ICC (SC) 182 , has examined the question of payment of advalorem Court fee in a suit for declaration wherein the challenge is to a sale deed. The said judgment of the Hon'ble Supreme Court, also came up for consideration before a Division Bench of this Court in Dara Singh v. Gurbachan Singh and others, (Civil Revision No. 22 of 2009. decided on 3.5.2010 , in pursuance of the Reference to the Larger Bench by a Single Bench of this Court on 18.12.2009 when the contradictions between the judgments i.e. Ravinder Kumar v. Narinder Kumar and others, 2007 (2) PLR 577 ; Prince minor through his other and natural guardian Smt. Rekha v. Suresh Kumar and others, 2009(1) Civil Court Cases 186 and Devasharay Singh v. Saroj Kumar @ Saroj Singh, 2008(4) Civil Court Cases 523 (Patna) on one hand and Himanshu v. Smt. Kailash Rani, AIR 2004 Punjab 207 ; Bagrawat v. Mehar Chand, 2001 (4) RCR (Civil) 94 : 2002 (1) ICC (Pb. & Hry) 1074 and Ranjit Singh v. Balkar Singh, (Civil Revision No. 3079 of 1999. decided on 7.7.1999 ) on the other hand, was noticed. The question framed was as under:- "Whether plaintiff in a suit challenging sale deed executed by his father or a third party is liable to pay ad valorem court fee on the sale consideration recited in the sale deed?
(3.) The Division Bench has answered the question in terms of the judgment rendered by the Hon'ble Supreme Court in Suhrid Singh's case (supra). Though the issue stands concluded by the Hon'ble Supreme Court's judgment in the aforesaid case and the - alleged contradictions in various judgments of learned Single Judge(s) stands resolved, but for a facility of reference, we would like to refer the facts leading to the aforesaid view of the Hon'ble Supreme Court.;