C.R. No. 1097 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 1097 of 2008 (O&M) Date of Decision : 7.9.2009 Om Parkash & another .......... Petitioners Versus Ramesh Chander & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Kulbhushan Sharma, Advocate for the petitioners. **** VINOD K. SHARMA, J. (ORAL) The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 4.1.2008, passed by the learned Civil Judge (Jr. Divn.), Rewari allowing an application moved by the defendant-respondents under Order 7 Rule 11 of the Code of Civil Procedure. The petitioners filed a suit to challenge sale deed executed by Karta of a joint Hindu family on the plea that, it was without legal necessity and without consideration. The learned trial Court held that, ad valorem court fee was required to be paid. Mr. Kulbhushan Sharma, learned counsel appearing on behalf of the petitioners has challenged the impugned order by placing reliance on the judgment of this Court in the case of Smt. Beena and Others Vs. C.R. No. 1097 of 2008 2 Rajinder Kumar and Ors.2006(2) PLR 6, wherein it has been laid down that in view of the provisions of Haryana Court Fees as amended by Amendment Act No. 22 of 1974 the ad valorem court fee is not required to be affixed on market value, but in terms of amended provisions of Section 7(v) of the Court Fees Act. There is force in this contention of the learned counsel for the petitioners. While upholding the orders passed by the learned trial Court that the petitioners were liable to pay ad valorem court fee, the order is modified and it is directed that the plaintiff / petitioners shall pay the court fee under Section 7(v) of the Court fee Act, as mended by the Haryana Amendment Act No. 22 of 1974. The plaintiff / petitioners may make good the court fee within one month from the date of receipt of certified copy of this order. Revision disposed of. 7.9.2009 ( VINOD K. SHARMA ) 'sp' JUDGE