L.N.MITTAL - (1.) CM No.10999-CII of 2012 Allowed as prayed for. CR No.2582 of 2012
(2.) DEFENDANT No.1-Rajinder Kumar Rattan aggrieved by order dated 03.03.2012 Annexure P-3 passed by learned Additional Civil Judge (Senior Division), Patiala has approached this Court by way of instant revision petition under Article 227 of the Constitution of India to challenge the said order. By the said order, the trial Court has dismissed application Annexure P-1 moved by defendants for dismissal of the suit instituted by respondent No.1-plaintiff- Shri Kant Rattan for want of court fee. Respondent No.1-plaintiff has filed suit against defendant No.1- petitioner and proforma respondents No.2 to 4 as defendants No.2 to 4 claiming separate possession of 1/6th share by partition of suit house. As per copy of plaint shown by counsel for the petitioner, respondent No.1-plaintiff claims to be owner of 1/6th share in the suit house and also claims to be in joint possession of the suit house as co-owner. However, he has sought separate possession of his 1/6th share by partition. Plaintiff has also claimed permanent injunction.
(3.) IN application Annexure P-1, defendants alleged that the plaintiff has not affixed ad valorem Court fee on market value of the suit property although plaintiff has claimed relief of actual possession.;