CR 2182/2005(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR 2182/2005(O&M) Date of decision:21/10/2013 Balwan Singh ...................Petitioner v. Swarn Singh and others .............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sandeep Goyal,Advocate for Mr.Jagdish Manchanda,Advocate for the petitioner-plaintiff Mr.Sanjiv Gupta,Advocate for the applicant/respondents- defendants Jaswant Singh,J.(Oral) The aforesaid Civil Revision was filed by the plaintiff impugning the order dated 28.3.2005 passed by the learned trial Court whereby the plaintiff was directed to affix ad valorem Court fees on the sale consideration mentioned in the sale deed relating to the suit land. This Court while admitting the appeal on 25.4.2005 passed the following order:- “Learned counsel for the plaintiff-petitioner has pointed out that under Section 7 Clause V, sub-rules (i) and (ii) of the Court Fee Act,1970 the rates of court fee in respect of the agrticultural land have been described viz.(i) in the Joshi Rajinder Prashad 2013.10.21 16:10 I attest to the accuracy of this Order. High Court, Chandigarh. CR 2182/2005(O&M) 2 case of land which is irrigated by perennial canal, at the rate of sixty rupees per acre; and (ii) in the case of land which is irrigated by non-perennial at the rate of fifty rupees per acre. He has further pointed out that in case of land which is Barani, sailab, Bud, Thur, Sem, Banjar or of like nature, thirty rupees per acre is the rate of court fee prescribed. Learned counsel for the petitioner states that plaintiff- petitioner has already affixed the court fee at the rate of Rs.25/- on the value of Rs.200/-. Heard. Admitted. The trial Court shall not insist on payment of court fee ad valorem and shall proceed with the suit.” At this stage, learned counsel for the respondents/defendants has filed 20726-CII/2013 praying for disposal of the present revision petition as infructuous in view of the suit of the plaintiff having been already dismissed by the learned trial Court on 8.9.2005 and the same having attained finality in view of no appeal having been filed by the plaintiff. Notice of the application. Learned counsel for the petitioner/plaintiff accepts notice and does not refute the aforesaid contention and agrees that the same can be disposed of as infructuous. At the joint request of the learned counsel for the parties, the revision petition is taken up for hearing today itself. Heard learned counsel for the parties. In view of the averments made in the application and agreed stand between the learned counsel for the parties CR No.2182 Joshi Rajinder Prashad 2013.10.21 16:10 I attest to the accuracy of this Order. High Court, Chandigarh. CR 2182/2005(O&M) 3 of 2005 is dismissed as infructuous. However, the Court fee, required to be affixed in view of the impugned order, shall be recovered as arrears of land revenue. 21.10.2013. (Jaswant Singh) joshi Judge Joshi Rajinder Prashad 2013.10.21 16:10 I attest to the accuracy of this Order. High Court, Chandigarh.