- (1.) Challenge in the present revision petition is to the order dated 10.09.2014 (Annexure P6), passed by the Civil Judge (Jr.Divn.), Ferozepur, whereby the application, filed under Order 7 Rule 11 CPC by defendant No.1 has been dismissed on the ground that the property in question is a joint Hindu family property and there is no requirement of affixing Court fee of the value of the property in question. Reliance has been placed upon the judgment rendered by this Court in Jaswinder Singh & others Vs. Jasbir Kaur & another, 2013 170 PunLR 15 to come to the said conclusion.
(2.) In the present case, the dispute is regarding the suit filed by the grandsons of the present petitioners who have challenged the sale deed dated 02.07.2007, executed by him in favour of defendant No.2 and the relief of joint possession and decree of permanent injunction has been sought. The petitioner filed written statement and contested the claim initially. Thereafter, the application was filed under Order 7 Rule 11 CPC to affix the Court fees, praying that the plaint be rejected, which has been dismissed by the Trial Court, after contest.
(3.) Counsel for the petitioners has tried to distinguish the judgment rendered in Jaswinder Singh's case by submitting that once the sale deed was also subject matter of consideration, then ad valorem Court fees was liable to be paid.;