wp5069.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.5069/2011 Arun Vinod Agrawal -vs- Swapnil Bhimrao Gajbhiye and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri S. P. Kshirsagar, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 21.10.2011. By this petition, the petitioner impugns the order passed by the trial Court on 13/06/2011 rejecting an application filed by the petitioner under Order 7 Rules 10 and 11 of the Code of Civil Procedure. The petitioner is the original defendant No.2. A suit was filed by the respondent-plaintiff for specific performance of contract. The respondent also sought a permanent injunction in regard to the suit property on the basis of an agreement of sale executed by the defendant No.1 in favour of the respondent-plaintiff on 24/12/2006. Since the defendant No.1 had agreed to sell the suit property to the respondent-plaintiff for a consideration of Rupees One Lakh, the plaintiff had paid the Court fee thereon. During the pendency of the proceedings, the defendant No.1 sold his property to the petitioner for a consideration of Rupees Seventy wp5069.11.odt 2/2 Five Thousand. In view of this development, the respondent- plaintiff sought a further relief of declaration that the sale deed executed by defendant No.1 Kisna in favour of the petitioner was not binding on him. The petitioner, the original defendant No.2 filed an application for rejection of the plaint for non- payment of proper Court fee in regard to the declaration sought by the plaintiff. The trial Court by the impugned order dated 13/06/2011 dismissed the application. The trial Court was perfectly justified in rejecting the application as the plaintiff had already paid the Court fee on a sum of Rupees One Lakh. As the defendant No.1 had agreed to sell the property to the defendant No.2-petitioner during the pendency of the proceedings and the property was sold for a lesser consideration than Rupees One Lakh, there was no question of paying additional Court fee for seeking the declaration that the sale deed executed by the defendant No.1 in favour of the defendant No.2 was void and not binding on the plaintiff. In the facts of the case, there was no need for the plaintiff to pay additional Court fee. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE