Civil Revision No.3511 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3511 of 2009 (O&M) Date of decision: 25.11.2010 Om Parkash ....Petitioner Versus Subhash and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.D. Yadav, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Plaintiff has invoked the jurisdiction of this Court under Article 227 of the Constitution of India challenging the orders dated 19.5.2008 and 16.4.2009 passed by learned trial Court, directing the plaintiff to pay ad valorem court fee on the sale consideration mentioned in the sale deed and further rejecting the plaint for not paying the court fee despite of sufficient time having been granted. Brief facts of the present case are that plaintiff has filed suit for declaration challenging the GPA as well as sale deed executed pursuant to the GPA. The ground of challenge is that defendant No.1 by playing fraud and mis-representation has obtained signatures of the plaintiff on the blank papers and has prepared GPA and thereafter has executed the sale deed in question. Civil Revision No.3511 of 2009 (O&M) -2- Since GPA and sale deed are being challenged on the ground of fraud and mis-representation, hence in the opinion of this Court plaintiff has to pay ad valorem court fee. Fraud and mis-representation do not make transaction void, however, fraud and mis-representation, if proved, can make the transaction voidable and in that event relief of declaration is not sufficient and, in fact, hidden relief is cancellation of the document. In view of this, I do not find any reason to interfere with the impugned order. However, in the interest of justice, this Court thinks that three months' time should be granted to the plaintiff to pay ad valorem court fee. In the event of payment of the court fee within three months from today, learned trial Court shall proceed with the matter in accordance with law and order dated 16.4.2009 shall stand quashed. Petition stands disposed of accordingly. (Alok Singh) Judge November 25, 2010 R.S.