Civil Revision No.3529 of 2009(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA, AT CHANDIGARH. Civil Revision No.3529 of 2009(O&M) Date of Decision:-28.01.2011 Mishri Lal. ......Petitioner. Versus Subash & Others. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. R.D. Yadav, Advocate for the Petitioner. *** JASWANT SINGH, J.(ORAL) C.M. No.14660-CII of 2009 Allowed as prayed for. C.R. No.3529 of 2009 Petitioner/Plaintiff has filed the present petition under article 227 of the Constitution assailing the orders dated 3.6.2008/16.04.2009(P-2 ) & P-3) passed by learned Additional Civil Judge(Sr. Divn.) Rewari whereby his plaint has been rejected under Order 7 Rule 11 CPC for non depositing of ad-valorem Court fees. Petitioner/Plaintiff has filed a suit for declaration that plaintiff and proforma defendants are the co-sharers and owner in possession of the land comprised in the suit land described in the plaint; with a further Civil Revision No.3529 of 2009(O&M) #2# declaration that they had never executed any GPA dated 7.5.2006 in favour of defendant no.1-Subash and the same is based on forged and misrepresentation; with a further prayer for declaring the sale deed dated 22.9.2006 based on the said illegal GPA to be null and void with a further relief of injunction. At the time of arguments learned counsel for the petitioner does not press the revision petition on merits, however, prays for extension of time to deposit the court fees in terms of the initial order dated 3.6.2008(P- 2). After hearing counsel for the petitioner, I find the prayer to be genuine and liable to be accepted. The present revision petition was filed on 26.5.2009 soon after the impugned order dated 16.04.2009 passed by the learned Additional Civil Judge(Sr. Divn.) Rewari, thus there was no delay in the petitioner approaching this court. In such circumstances I deem it just & expedient in the interest of justice to grant the petitioner-plaintiff two months time w.e.f. today to deposit the required ad-valorem Court fee. In event of the payment of ad- valorem Court fee within two months from today learned trial court shall proceed with the matter in accordance with law and the impugned orders(P- 2 & P-3) would be deemed to be set aside. Petitioner is accordingly disposed of in the above terms. ( JASWANT SINGH ) JUDGE 28th January, 2011 Vinay