C.R. No.4101 of 2006 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4101 of 2006 (O&M) Date of Decision: 21.08.2009 Suraj Kala .....Petitioner Versus Rajiv Kumar and another ...Respondents Present: Mr. N.C. Kinra, Advocate for the petitioner. None for the respondent. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest?No -.- K. KANNAN J. (ORAL) 1. The revision challenges the order passed on an application under Order 7 Rule 11 CPC in objection raised by the defendant that the suit had not been properly valued. The Court found that the market valuation of the property shall be given, which shall be on the basis of the actual value. The contention of the plaintiff, who was directed to pay an additional court fee, in revision is that in suit for declaration which is covered under Section 7 (C) of the Court Fees Act, the valuation shall be made on the market value and that value in relation to a land which is assessed to revenue, shall be on the basis of such revenue payable by the land. Unfortunately, I have not the benefit of the copy of the plaint filed before and I am unable to comprehend the arguments urged on behalf of the petitioner. The case C.R. No.4101 of 2006 (O&M) -2- has been identified as one of the cases for immediate disposal in Samadhan 2009 and without in any way hampering trial, I am of the view that the issue relating to court fee may be taken up along with other issues in suit. The plaintiff shall be entitled to canvass for the point which he urges in revision that court fee in plaint has been paid appropriately with relevance to Haryana amendment. 2. The order of the lower Court is set aside. The issue relating to court fee shall still be considered along with other issues. This shall not be treated as a precedent for it is only a mode of disposal for the trial to be not held up on an issue relating to court fee. 3. The civil revision petition is disposed of in the above terms. (K.KANNAN) JUDGE August 21, 2009 Pankaj*