C.R.No.1402 of 2010 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.1402 of 2010 Date of decision: 26.5.2010 Hari Singh .....Petitioner vs. Hari Om and others ....Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Sachin Mittal, Advocate, for the petitioner. Mr.Lokesh Sinhal,Advocate, for the respondent No.1. -- Rakesh Kumar Garg,J.(Oral) As per office report respondent No.3 stands served. However, no one is present on his behalf. He is ordered to be proceeded against ex parte. Service is complete. This is plaintiffs' revision petition challenging the impugned order dated 18.1.2010 passed by Civil Judge (Junior Division) Gurgaon, whereby on an application filed under Order VII rule 11 of the Code of Civil Procedure, the Court has directed the petitioner to affix ad valorem court fee in the suit. It is not in dispute that in an identical dispute a similar order passed by the trial Court directing the plaintiff-petitioner to pay the ad valorem court fee in a suit for declaration was set aside by this Court in Civil Revision No.3136 of 2008. Learned counsel appearing on behalf of respondent No.1 has very fairly stated that in view of the aforesaid judgment of this Court passed C.R.No.1402 of 2010 2 in Civil Revision No.3136 of 2008, this petition has to be allowed and the impugned order is liable to be set aside. In view of the above circumstances, the impugned order is hereby set aside and it is ordered that the trial court will proceed on with the case as per law. It is made clear that in case the defendant-respondent take up a plea regarding the inadequate court fee having been affixed, the trial court will frame an issue and on the basis of the various factors of fact and law, would adjudicate on the same. The decision on the said issue might be covered by the judgment in C.R.No.4753 of 2005. In case, at any stage the trial court arrives at a conclusion that ad valorem court fee is required to be affixed, it will open to the trial court to require the affixation of court fee at a later stage, in accordance with the procedure of law. With the above observations, the revision petition is allowed. The impugned order is hereby set aside. The parties are directed to appear before the trial Court on 15.7.2010 for further proceedings. (Rakesh Kumar Garg) Judge May 26, 2010 rk