Dr. Vineet Kothari, J. - (1.) THE present revision petition is reported to be 26 days time barred. Having heard the learned counsel for the petitioner, and for the reasons stated in the application under Section 5 of the Limitation Act, 1963, seeking condonation of delay in filing revision petition, the application is allowed and the delay of 26 days occasioned in filing the revision is condoned.
(2.) HEARD learned counsel for the petitioner on merits. By the impugned order dated 23.02.2015 the learned trial court has rejected the application filed by the petitioner (husband of plaintiff -Smt. Kishnai @ Kishna Bai) who had filed a suit claiming declaration of a registered sale -deed dated 03.10.2008 executed by the petitioner/defendant, Seva Ram in favour of his second wife Mst. Mahendra Kaur, as null and void.
(3.) THE petitioner/defendant filed the present application under Order 7 Rule 11 CPC, on the ground that since the cancellation of the sale -deed was not sought by the plaintiff, therefore, court fees would be payable ad -valorem in view of declaration of title sought by her. The learned trial court while rejecting the said application found that after evidence is led by the parties for the deciding the dispute, the suit can be decided and the same cannot be dismissed at this stage.;