C.R.No.2713 of 2009 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.2713 of 2009 Date of decision: 30.4.2010 Hari Ram .....Petitioner vs. Dilbag Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Ashish Aggarwal, Advocate, for Mr.Vikram Singh, Advocate, for the petitioner. Mr.Sunish Bindlish, Advocate, for the respondents. -- Rakesh Kumar Garg,J.(Oral) This is plaintiff's revision petition challenging the impugned order dated 2.5.2009 whereby the plaintiff has been asked to affix ad valorem court fee on the sale consideration of the impugned sale deeds. The contention of the learned counsel for the petitioner before this Court is that the subject matter of the suit land i.e. the sale deeds pertain to the agricultural land and in view of the amendment made by Haryana Act No.22 of 1974 with effect from 31.1.1974 in the Court Fee Act, 1870 ad valorem court fee with regard to the agricultural land is to be affixed @ ten times of the land revenue of the land in question. On the other hand, the impugned order has been supported by the learned counsel for the respondents submitting before this Court that in fact the relief asked by the petitioner before the lower Court is to avoid the sale deed and, therefore, petitioner was liable to pay the ad valorem Court fee on the market value of the land as shown in the sale deeds. C.R.No.2713 of 2009 2 It has also been informed by the learned counsel for the parties that the issues have not been framed so far, in the suit. After hearing learned counsel for the parties, this petition is disposed of with the direction that the trial Court shall frame an issue with regard to the proper payment of court fee in the civil suit and thereafter shall proceed further with the case without insisting for affixing the court fee as per the impugned order. However, if the trial Court comes to the conclusion that ad valorem court fee is to be paid, an appropriate direction may be given in that behalf in accordance with law. Disposed of. ( Rakesh Kumar Garg) Judge April 30, 2010 rk