IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 396 of 2009. Date of decision:-23.01.2009. Nirbhai Singh ...Petitioner Versus Jagsir Singh and others ...Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present:- Mr. N.K. Manchanda, Advocate for the petitioner. JASWANT SINGH J.(Oral) The present revision petition under Article 227 of the Constitution of India has been filed by the petitioner-defendant praying for directing the learned Trial Court to decide the application dated 04.12.2008 (Annexure P-3) filed by him before the Court for directing the respondents- plaintiffs to affix ad valorem court fee before proceeding any further. It is not disputed that the suit was filed in the year 1998 by the contesting respondent No.1 for possession as owner of the land as well as house, as described in the plaint. At the time of recording of evidence of petitioner- defendant, petitioner has moved the application dated 04.12.2008. Respondent-plaintiff has filed his reply dated 05.12.2008 (Annexure P-4). From the perusal of the zimni orders reproduced at page No.5 of the paper book, it appears that somehow the application could not be decided by the learned Trial Court at any of the subsequent dates. It is further stated that the case is now fixed for rebuttal and arguments. Learned counsel for the petitioner contends that it is incumbent Civil Revision No. 396 of 2009 -2- upon the Trial Court to decide the application demanding the plaintiff to affix ad valorem court fee, keeping in view the nature of the relief claimed before the conclusion of the case. Learned counsel further contends that the delay in filing the said application, is no ground for not deciding the same. After hearing learned counsel for the petitioner and keeping in view the facts and circumstances of the case, this Court deems it just and expedient to direct the learned Trial Court to decide the application dated 04.12.2008 (Annexure P-3) filed by the petitioner-defendant pending before it in accordance with law within a period of 15 days from the date of receipt of copy of the order. Ordered accordingly. Disposed of with the aforesaid directions. Dasti on payment. January 23, 2009 (JASWANT SINGH) vj JUDGE