C.R. No. 3613 of 2006 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 3613 of 2006 Date of Decision : 13.8.2009 Anand alias Samir .......... Petitioner Versus Satbir Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Ramesh Hooda, Advocate for the petitioner. Mr. Amit Jain, Advocate for respondent No.1. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 13.6.2006, passed by the learned Civil Judge ( Jr. Divn.), Hisar, allowing an application moved by the defendant / respondents under Order 7 Rule 11 of the Code of Civil Procedure, for rejection of plaint for want of ad valorem court fee. The petitioner / plaintiff had filed a suit for declaration with a consequential relief of injunction asserting his right in the land, which was sold by defendant No.1 in favour of contesting defendants by claiming himself to be the coparcener and the property to be ancestral coparcenary property, which was said to have been sold without legal necessity. The learned trial Court held that as the sale deed was under C.R. No. 3613 of 2006 2 challenge, therefore, ad valorem court fee was payable and allowed the application and directed the petitioner herein to make good the court fee. The impugned order cannot be sustained in view of the law laid down by this Court in the case of Prince Minor through his mother and natural guardian Smt. Rekha Vs. Suresh Kumar and others 2008(4) R.C.R. ( Civil ) 430. This revision is accordingly allowed. The impugned order is set aside and the petition filed by the respondent / defendants under Order 7 Rule 11 is ordered to be dismissed but with no order as to costs. 13.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE