IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 4947 of 2010 Date of Decision: 27.10.2010 Dharma and others .... Petitioners Versus Romesh Yadav and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Sachin Mittal, Advocate for the petitioners Mr. R.C. Chauhan, Advocate for respondents No. 2 and 3 ALOK SINGH, J. (ORAL) Present petition is filed challenging the order dated 10.6.2010 passed by Civil Judge (Jr. Divn.) Gurgaon thereby directing the plaintiffs to pay ad valorem court fee on the relief of cancellation of the sale deed. Learned counsel for the petitioners stated that declaration is being sought in the suit declaring the sale deed null and void on the ground that rights, title and share of the plaintiffs were illegally transferred. Learned counsel for the petitioners further stated that plaintiffs-petitioners are not the executant of the sale deed. He has placed reliance on the judgment of the Apex Court in the matter of Suhrid Singh @ Sardool Singh vs. Randhir Singh and others, 2010(2) RCR (Civil) 564. I have examined the material available on record and perused the judgment of the Apex Court in the matter of Suhrid Singh @ Sardool Singh's case (supra). It is settled position of law C.R. No. 4947 of 2010 2 that if plaintiffs are seeking annulment of the deed of which they are not a party then they are not supposed to pay ad valorem court fee. In view of this order impugned can not be sustained in the eyes of law. Petition is allowed. Order impugned is set aside. (ALOK SINGH) 27.10.2010 JUDGE reena