IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.252 of 2006 Date of Decision:- 29.1.2008 R.K.Kaura ....Petitioner(s) through In person. vs. Tajinder Kumar and others ....Respondent(s) through Mr.Sanjiv Gupta, Advocate. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition is directed against the orders dated 21.1.2004 and 31.1.2005 passed by the learned Additional Civil Judge (Sr.Division), Pehowa. Vide the first order, the petitioner-plaintiff has been directed to pay ad-valorem court- fee keeping in view the sale consideration of Rs.86,000/-, of the two sale deeds, challenged by him in his suit for declaration. Vide the second order, the petitioner's plaint has been rejected due to non-payment of the aforementioned Court-fee. Notice of motion was issued and in response thereto, the petitioner in person and learned counsel for the respondents have been heard. The material on record has also been perused. During the course of hearing, the petitioner who is present in person, has fairly stated that as certain contentious issues were raised C.R. No.252 of 2006 -2- by him, therefore, and he was under a bona- fide impression that unless the preliminary issues regarding his “ownership and consequential pre-emptory rights” were decided, he could not be asked to pay the ad- valorem court-fee. On this premise, it is further contended that the petitioner never refused to pay the court-fee and rather he has always been ready and willing to pay the same. In the light of the above-stated stand taken by the petitioner, I am of the considered view that the impugned orders cannot sustain. Learned counsel for the respondents have also taken a fair stand in this regard. Consequently and for the reasons aforestated, this revision petition is allowed. The impugned orders dated 21.1.2004 as well as 31.1.2005 passed by the learned trial Court are set aside and the suit filed by the petitioner is restored to its original number and file with a further direction that in case the petitioner deposits the requisite court-fee within a period of one month, the learned trial Court shall proceed with the matter on merits. Needless to say that the petitioner shall be entitled to raise all his contentions including his claim for title and pre-emptory rights in respect of the suit property before the learned Civil Court and the same shall be gone into in accordance with law. Disposed of. Copy of the order be given Dasti on payment of usual charges. January 29, 2008 ( SURYA KANT ) poonam JUDGE