Shekher Dhawan, J. - (1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 10.09.2015 [Annexure P/5] passed by Civil Judge [Junior Division], Moga, whereby application under Order VII Rule 11 CPC for rejection of the plaint was dismissed. Relevant facts of the case for the purpose of decision of the present petition; Plaintiff -Kulwant Singh filed a suit for declaration to the effect that he is exclusive owner in possession of the suit land on the basis of Will dated 9.8.2006 executed by Dalip Singh [father of the plaintiff] in favour of the plaintiff and defendants have no right, tide or interest in the suit land. The plaintiff also challenged the sale deeds executed by defendants No. 2 to 7 in favour of defendant No. 1 as illegal, null and void and prayed for setting aside the same.
(2.) During the pendency of the suit, an application under Order VII Rule 11 CPC was filed by the present petitioners taking the plea that the plaintiff has challenged the validity and genuineness of three sale deeds dated 14.3.2014 in favour of the present petitioners and he was required to pay the court fee on the market value of the suit property or at least on the sale consideration mentioned in the sale deeds, but he has not deposited the required court fee an ad valorem basis and prayed that the plaint be rejected. The plea taken by the petitioner was not accepted by the Court below while passing the order under challenge. Hence, this petition.
(3.) Learned counsel for the petitioners submitted that the Court below has not considered the factual position that to challenge the legality and validity of three sale deeds, the plaintiff was required to affix the required court fee on ad valorem basis, but as the same was not done, the plaint was liable to be rejected.;