C.R. No.6470 of 2007(O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.6470 of 2007(O&M) Date of Decision:24.09.2009 Chhaju @ Chhaju Ram .....Petitioner Versus Naresh and others ...Respondents Present: None for the petitioner. Mr. Arun Yadav, Advocate for respondent No.1. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? Yes 2. To be referred to the Reporters or not ? Yes 3. Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J.(ORAL) 1. The revision is against the order directing the plaintiff to pay ad valorem court fee for the prayer for handing over possession of the tractor which is couched in the form of relief of mandatory injunction. The trial Court, while upholding the objection raised by the defendant in his application under Order 7 Rule 11, instead of directing the rejection of the plaint, afforded an opportunity to the plaintiff to pay the ad valorem court fee on the value of the tractor. There is no representation for the petitioner today at the time when the matter is called and I proceed to dispose of the case with assistance of the learned counsel for the respondent. 2. Learned counsel for the respondent refers me to Section 7 (iii) of the Court Fee Act of 1870 which describes that in a suit for movable property other than money, where the subject matter has a C.R. No.6470 of 2007(O&M) -2- market value, the court fee shall be according to such value at the date of presenting the plaint. The mere fact that the suit has been framed as for mandatory injunction does not detract from the position that the plaintiff was actually making a prayer only for delivery of the tractor and Section 7(iii) is squarely applicable. This Hon'ble Court while ordering notice of motion on 14.12.2007 has directed the continuance of trial without insisting on payment of court fee. In view of the confirmation of the order passed already, the trial Court shall call upon the plaintiff to value the relief and pay the Court fee appropriately. The Court fee shall be paid within a period of two months from today and if it is omitted to be done, the trial Court shall proceed with the plaint as set forth under Order 7 Rule 11 (c) read with Section 149 of the Civil Procedure Code. 3. The civil revision petition is dismissed. (K. KANNAN) JUDGE September 24, 2009 Pankaj*