C.R. No. 6362 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 6362 of 2009 Date of Decision: November 4, 2009 Amarjit Kaur and another …..Petitioners Vs. Gurnait Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Parminder Singh, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order, the application under Order 7 Rule 11 CPC filed by the defendant- petitioners has been dismissed, inter-alia on the ground that plaintiff-Gurnait Singh is not a party to the sale deed. Counsel for the defendant- petitioners has submitted that a specific preliminary objection No.6 has been raised in the written statement taking up the plea that the suit deserves to be dismissed as ad-valorem Court fee according to the value of the suit property has not been affixed. He has C.R. No. 6362 of 2009 [2] contended that the property in dispute is not a coparcenery property and that the gift deeds and the sale deeds of the property in dispute have been validly executed. In case the plaintiff- respondents are able to prove that the property is not coparcenery still he can be directed to make good the deficiency in Court fee after the adjudication of the issue in Court fee. Counsel for the petitioners at this stage has made a prayer to withdraw this revision petition with liberty to raise the plea of Court fee before the trial Court to get the adjudication of the issue on the basis of facts and the law in favour of the petitioners. The revision petition is permitted to be withdrawn. It is observed that the impugned order will not prejudice the adjudication of the issue regarding affixation of ad-valorem Court fee on the basis of the material of facts and law produced before the trial Court. Disposed of as withdrawn with the abovesaid liberty. November 4, 2009 (M.M.S.BEDI) sanjay JUDGE