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2025 DAILYLAW 115582 (PNJ)

SARABJIT SINGH v. HARWINDER SINGH AND ANOTHER

CR/1322/2025 · 2025-03-04

Vikas Bahl

body2025

Judgment text

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CR-1322-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (126) CR-1322-2025 Date of Decision: - 04.03.2025 Sarabjit Singh ....Petitioner Versus Havinder Singh and another .....Respondents CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Raman Mohinder Sharma, Advocate for the petitioner. **** VIKAS BAHL, J. (ORAL) 1. Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.11.2024 (Annexure P-4) passed by the Civil Judge (Junior Division), Dhuri, vide which the application for directing the plaintiff/respondent No.1 to affix ad valorem court fee on the value of document (transfer deed) has been dismissed. 2. A Co-ordinate Bench of this Court in case titled as “Arun Kumar Goyal Vs. Payal Aggarwal, reported as 2013(4) R.C.R. (Civil) 93, had observed that no revision would lie at the instance of the defendant against the decision on the question of inadequacy of court fee as the question of non-payment of Court fee is a dispute between the litigant and the Registry. NARESH KUMAR 2025.03.05 18:20 I attest to the accuracy and integrity of this document/judgement CR-1322-2025 -2- 3. Learned counsel for the petitioner has submitted that in view of the above-said fact and also in view of the fact that the trial Court has observed in the impugned order that if after evidence it is found that the suit property is not a Joint Hindu Family Coparcenary property, then, the plaintiff can at any stage be directed to make good the deficient court fee, the petitioner seeks to withdraw the present revision petition with liberty to raise the said plea in the written statement and also during the course of trial. 4. Dismissed as withdrawn, with the aforesaid liberty. ( VIKAS BAHL ) March 04, 2025 JUDGE naresh.k Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NARESH KUMAR 2025.03.05 18:20 I attest to the accuracy and integrity of this document/judgement