IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 2141 of 2010 Date of Decision: 01.09.2010 Hari Prasad Sharma .... Petitioner Versus Royal Orchid Company, Rajpura and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. J.L. Malhotra, Advocate for the petitioner ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 23.12.2009 passed by Civil Judge (Jr. Divn.) Rajpura thereby rejecting the application moved by the defendant-petitioner under Order 7 Rule 11 CPC. Learned Civil Judge (Jr. Divn.) Rajpura while rejecting the application under Order 7 Rule 11 CPC has made following observation:- “The plaintiffs have filed this suit for declaration challenging Sale Deed executed by defendant No. 3 as General Power of Attorney Holder of defendant No. 2 in favour of other defendants in connivance with defendant Sub-Registrar and defendant No. 1 which has been executed during the pendency of the suit and in violation of status quo order passed by the Court in suit titled as “Royal Orchid and others versus Rajinder Parshad and others” Suit No. 609 dated 13.8.2009 vide Order dated 30.09.2009. Another relief sought by the plaintiffs is for permanent injunction restraining the vendees from further C.R. No. 2141 of 2010 2 alienating the suit land till the disposal of the suit. The plaintiffs have not claimed possession as consequential or substantive relief. The plaintiffs are not parties to the said Sale Deed. Moreover, the said Sale Deed has been executed during the pendency of the suit. As per the settled law and the provisions of Article 1 of Court Fee Act are not applicable to this case, so the application of the defendants under Order 7 Rule 11 C.P.C. Being without merits is dismissed.” Undisputedly plaintiffs are not parties to the sale deed in question. This Court vide judgment dated 3.5.2010 passed in C.R. No. 22 of 2009 titled as Dara Singh vs. Gurbachan Singh and others placing reliance on the judgment of the Apex Court in the matter of Suhrid Singh @ Sardool Singh vs. Randhir Singh and others, C.A. No. 2811-13 of 2010 has held that if plaintiff has not executed the sale deed under challenge then he need not to pay Court fee on the sale consideration. In view of the judgment passed by this Court vide order dated 3.5.2010 in C.R. No. 22 of 2009, no interference is called for. Petition is devoid of merit, hence, is dismissed. (ALOK SINGH) 01.09.2010 JUDGE reena