CR-4067-2016 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 Anil Kumar and others Maninderbir Singh CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. pray for quashing/setting aside the order dated passed by the learned Additional Civil Judge (Senior Division), Bilaspur, District Yamuna Nagar at Jagadhri, whereby b directed to pay the 27 of the Specific Relief Act, 1963 for rescission/rescinding/cancellation of Agreement to Sell dated 2. 07.07.2017, a co the Larger Bench, while fram 2016 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4067 Date of Decision: Anil Kumar and others Versus Maninderbir Singh CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. GC Shahpuri, Advocate for the petitioners. None for the respondent. NIDHI GUPTA, J. (ORAL) By way of filing the instant revision petition, the petitioners pray for quashing/setting aside the order dated passed by the learned Additional Civil Judge (Senior Division), Bilaspur, District Yamuna Nagar at Jagadhri, whereby b directed to pay the ad valorem Court fees on their suit filed under Section 27 of the Specific Relief Act, 1963 for rescission/rescinding/cancellation of Agreement to Sell dated 07.05.2010. Perusal of the order-sheets 07.07.2017, a co-ordinate Bench of this Court has referred the matter to the Larger Bench, while framing the following questions: “(i) Whether or not the plaintiff, who is party to a subsisting agreement to sell would be requ ad-valorem Court fee if the relief prayed for in the suit is in essence cancellation of the agreement to sell either in terms of Section 27 of the Specific Relief Act, 1963 or otherwise? (ii) Whether or not in a suit for declaration filed by plaintiff, who is party to the agreement to sell wherein assertions in the plaint shows that the agreement to sell has come to an end due to its non IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 4067-2016 (O&M) Date of Decision: 27.08.2025 .… Petitioners .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. GC Shahpuri, Advocate for the petitioners. By way of filing the instant revision petition, the petitioners pray for quashing/setting aside the order dated 27.05.2016 (Annexure P-7) passed by the learned Additional Civil Judge (Senior Division), Bilaspur, District Yamuna Nagar at Jagadhri, whereby by the petitioners have been Court fees on their suit filed under Section 27 of the Specific Relief Act, 1963 for rescission/rescinding/cancellation sheets reveals that vide order dated ordinate Bench of this Court has referred the matter to the following questions:- Whether or not the plaintiff, who is party to a agreement to sell would be required to affix Court fee if the relief prayed for in the suit cancellation of the agreement to sell Section 27 of the Specific Relief Act, Whether or not in a suit for declaration filed by the plaintiff, who is party to the agreement to sell wherein assertions in the plaint shows that the agreement to has come to an end due to its non-performance by By way of filing the instant revision petition, the petitioners 7) passed by the learned Additional Civil Judge (Senior Division), Bilaspur, y the petitioners have been Court fees on their suit filed under Section 27 of the Specific Relief Act, 1963 for rescission/rescinding/cancellation reveals that vide order dated ordinate Bench of this Court has referred the matter to Whether or not the plaintiff, who is party to a ired to affix Court fee if the relief prayed for in the suit cancellation of the agreement to sell Section 27 of the Specific Relief Act, assertions in the plaint shows that the agreement to performance by RISHU KATARIA 2025.09.01 18:41 I attest to the accuracy and authenticity of this order/judgment. CR-4067-2016 (O&M) 3. Bench had decided the reference and held that of ad valorem court fees, yet merely on the said ground the plaint cannot be rejected rather the said deficiency can asked to be made good at the time of pronouncement of the decree. In other words, the same is curable defect’. 4. petitioners that the instant order dated 5. 6. 27.08.2025 rishu 2016 (O&M) -2- either of the party or by lapse of time and the money stands forfeited, ad-valorem Cour be affixed by the plaintiff and whether court fee is required to be affixed on the amount of earnest money received which is being forfeited or on the total sale consideration? (iii) Whether a suit for declaration filed by a of the agreement to sell is required to affix ad court fee, on the value of the property? Now, vide order dated 31.01.2025, the Hon’ble Division Bench had decided the reference and held that rem court fees, yet merely on the said ground the plaint cannot be rejected rather the said deficiency can asked to be made good at the time of pronouncement of the decree. In other words, the same is curable It is accordingly, submitted by l petitioners that the instant revision petition may be disposed of in terms of order dated 31.01.2025, passed by the Division Bench of this Court Ordered accordingly. Pending application(s), if any, shall also stand disposed .2025 Whether speaking/reasoned Whether Reportable of the party or by lapse of time and the money valorem Court fee is required to by the plaintiff and whether court fee is affixed on the amount of earnest money is being forfeited or on the total sale Whether a suit for declaration filed by a non-executant f the agreement to sell is required to affix ad-valorem court fee, on the value of the property? 31.01.2025, the Hon’ble Division Bench had decided the reference and held that ‘deficiency in the affixing rem court fees, yet merely on the said ground the plaint cannot be rejected rather the said deficiency can asked to be made good at the time of pronouncement of the decree. In other words, the same is curable It is accordingly, submitted by learned counsel for the petition may be disposed of in terms of , passed by the Division Bench of this Court. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No of the party or by lapse of time and the money t fee is required to by the plaintiff and whether court fee is affixed on the amount of earnest money is being forfeited or on the total sale 31.01.2025, the Hon’ble Division ‘deficiency in the affixing rem court fees, yet merely on the said ground the plaint cannot be rejected rather the said deficiency can asked to be made good at the time of pronouncement of the decree. In other words, the same is curable arned counsel for the petition may be disposed of in terms of RISHU KATARIA 2025.09.01 18:41 I attest to the accuracy and authenticity of this order/judgment.