- (1.) The question involved in this petition is as to whether a fixed Court-fee or Ad valorem Court-fee is to be paid by the appellant on an application filed in a suit for partition? In brief, the petitioner/plaintiff filed a suit for possession by way of partition of land measuring 2 kanal 15 marlas, situated in the revenue estate of Dasuya, District Hoshiarpur.
(2.) On the contrary, the defendant contested the suit on the ground that the land has already been partitioned and they have become owners of the property in dispute.
(3.) On the pleadings of the parties, following issues were framed by the trial Court on 17.1.2003:- 1. Whether the disputed property is joint ownership of the plaintiff and defendant? OPP 2. Whether the plaintiff is entitled for partition of the disputed property by meets and bounds? OPP 3. Whether the plaintiff has no locus standi to file the present suit? OPD 4. Whether the suit is not maintainable in the present form? OPD 5. Whether the suit is bad for misjoinder and non joinder of necessary parties? OPD 6. Whether the suit is without any cause of action? OPD 7. Whether the plaintiff is estopped and debarred from filing the suit on the ground of estoppel? OPD 8. Whether the plaint is not properly valued for the purpose of court fee and jurisdiction? OPD 9. Whether the site plan filed by the plaintiff is incorrect? OPD 10. Whether the defendant No. 5 is entitled for counter claim for separate possession by way of partition? OPD (defendant No. 5) 11. Relief:;