Civil Revision No. 4437 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4437 of 2011 Date of Decision: 25.7.2011 *** Narinder Kumar .. Petitioner Vs. Suresh Sethi & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. G.S. Attariwala, Advocate for the petitioner. *** ARVIND KUMAR, J. The application of the petitioner-defendant directing the respondent-plaintiff to affix the ad valorem Court fee in respect of possession of the premises in dispute, has been dismissed by dint of order dated 22.3.2011, leading to the institution of the present revision petition. Heard. It is evident from the records that the suit filed by respondent is for declaration, partition, permanent injunction and rendition of accounts and no direct relief of possession has been claimed. The case is still at the evidence stage and the fate of case is still to be decided. Taking into account these facts, the learned trial Court rightly observed that affixation of Court fee is to be seen at the time when the Court finally decides the suit. Therefore, it is rightly held that it is not an appropriate stage to ask the plaintiff to deposit the ad valorem Court fee. Dismissed. However, it is made clear that whatever has been observed by the learned trial Court in the impugned order, which otherwise touches the merits of the case, be not taken into consideration at the time of final decision of the case. (ARVIND KUMAR) JUDGE July 25, 2011 Jiten