RAJ MOHAN SINGH, J. - (1.) This revision petition is directed against the order dated 04.05.2015 passed by Civil Judge (Junior Division), Yamuna Nagar at Jagadhri vide which application under Order 7, Rule 11 CPC moved by the defendants for rejection of plaint was disposed of by observing that the plaintiffs are bound to affix ad valorem court fee as per their share according to market value of the suit property at Collector's rate prevailing in the vicinity of the land.
(2.) Plaintiffs-petitioners filed a suit for declaration to the effect that the decree dated 26.04.1995 passed in Civil Suit No.166-CS of 23.02.1995 titled as Ashok Kumar v. Lajwanti etc passed by the Civil Court and consequential entries on the basis of said civil Court decree were illegal, null and void and were not binding upon the rights of the plaintiff qua the residential house situated within municipal limits of Yamuna Nagar. Permanent injunction was also sought to restrain the defendants from alienating the suit property.
(3.) Plaintiffs alleged that plaintiff No.1 is the wife and plaintiffs No.2 and 3 are real sons of deceased Mangat Ram. Suit property was previously owned and possessed by father-inlaw of plaintiff No.1 and grand-father of plaintiffs No.2 and 3 on the strength of sale deed dated 13.07.1966. After the death of father-in-law of plaintiff No.1, the suit property was inherited by Mangat Ram, Ashok Kumar, Lajwanti (widow of Kharati Lal) and Krishna Rani (daughter of Kharati Lal). Plaintiffs claimed ¼th share in the suit property on the basis of aforesaid relationship.;