Mohinder Singh vs Gurdev Kaur and Others

Surya Kant, J.—This Revision Petition is directed against the order dated 20.09.2006 passed by the learned Civil Judge (Junior Division), Barnala whereby the petitioner was asked to affix ad-valorem court fee on the premise that he has sought setting aside of sale deeds No.3983 and 3984 dated 24.08.2004.

Notice of motion was issued and in response thereto the Learned Counsel for the parties have been heard.

Relying upon the averments made in para 4 of the impugned order as well as the plaint, it is contended on behalf of the petitioner and rightly so, that no specific relief to set aside the sale deeds has been sought by the petitioner in the suit. The petitioner has only sought a direction that the above mentioned sale deeds do not affect his right and title in the joint Hindu family property. In other words, the sale deeds may be binding interse the parties to those transactions, however, the same would not affect the petitioner''s rights.

In view of the above noticed stand taken on behalf of the petitioner and for the reasons stated above, the impugned order cannot sustain. The revision petition is accordingly allowed and the impugned order dated 20.09.2000 is set aside.