C.R. No.5394 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5394 of 2010 Date of Decision: 26.8.2010 Smt. Mahadevi ……Petitioner VERSUS Hari Kishan and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Amit Jain, Advocate for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. By way of present petition, petitioner is challenging the or- der dated 4.8.2010 passed by learned Civil Judge (Jr. Division), Gur- C.R. No.5394 of 2010 -2- gaon, whereby the plaintiff/petitioner is directed to pay ad-valorem Court fee within one month. 2. Plaintiff/petitioner had filed a suit for declaration and per- manent injunction. In fact, plaintiff is challenging two sale deeds dated 1.2.2006 and 4.5.2009. Undisputedly, neither plaintiff nor predecessor in interest was executants of the sale deeds in question. 3. A Division Bench of this Court vide judgment dated 3.5.2010 passed in C.R. No.22/2009 while relying upon the judgment of the Hon’ble Apex Court in the matter of Suhrid Singh @ Sardool Singh vs. Randhir Singh & others reported in 2010(2) R.C.R. (Civil) has held that when plaintiff or his predecessor in interest was not executants in the sale deed under challenge, plaintiff is not bound to pay ad-valorem Court fee on the market value and sale considera- tion of the sale deed. 4. Present petition is being disposed of at the admission stage with the direction to the learned trial Court to decide the ques- tion of valuation of suit and Court fee afresh in the light of the judg- ment of Division Bench of this Court dated 3.5.2010 passed in C.R. No.22 of 2009. ( ALOK SINGH ) 26th August, 2010 JUDGE ashish