CR No. 6882 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 6882 of 2010 (O&M) Date of decision:- 28.10.2010 Karamjit Kaur and others ......petitioners vs. Basant Kaur ......respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. V.K. Sandhir, Advocate for the petitioners HEMANT GUPTA, J (ORAL) Defendants are in revision aggrieved against the order passed by learned trial Court on 25.9.2010 on an application filed by defendants under Order 7 Rule 11 of Code of Civil Procedure for rejection of the plaint for non affixing of ad valorem Court fee. It was found by learned trial Court that challenge in the suit is to the Will propounded by the defendants. In respect of such claim in the plaint, the plaintiff is not required to affix the ad valorem Court fee. Learned counsel for the petitioners has vehemently argued that the plaintiff has not averred in the plaint that she is the owner of the suit property or that she is a co-sharer but learned trial Court has made a case which was not set up by the plaintiff in the plaint. I do not find any merit in the arguments raised by learned counsel for the petitioners. It is well settled that the entire plaint has to be read out to determine the relief claimed in the plaint. It is claimed by the plaintiff that she is the mother of Hardeep Singh who died on 9.12.2004 and CR No. 6882 of 2010 -2- that the defendants, the other legal heirs of the deceased Hardeep Singh, have propounded the Will. It is alleged that the said Will has no legal value creating no right title or interest in favour of defendants. In view of the aforesaid fact, it is apparent that the plaintiff has claimed inheritance by virtue of natural succession of the estate of Hardeep Singh and therefore, to claim such declaration, plaintiff is not required to affix ad valorem Court fee. In view of the above, I do not find any patent illegality or irregularity in the order passed by the learned trial Court which may warrant any interference in the revisional jurisdiction of this Court. Revision petition stands dismissed. (HEMANT GUPTA) JUDGE 28.10.2010 preeti