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High Court of Punjab and Haryana · body

2025 DAILYLAW 84964 (PNJ)

SUKHBIR SINGH v. DHARAMPAL SINGH

CR/5334/2023 · 2025-04-21

Anil Kshetarpal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 136 CR-5334-2023 Date of decision: 21.04.2025 SUKHBIR SINGH ..Petitioner Versus DHARAMPAL SINGLA ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Sushil Jain, Advocate for the petitioner. Ms. Ramandeep Kaur, Advocate for Mr. Vikram Singh, Advocate for respondent. ANIL KSHETARPAL, J(Oral) 1. In view of the Division Bench judgment passed in CR-4067- 2016, titled as “Anil Kumar and others Vs. Maninderbir Singh”, decided on 31.01.2025, no ad valorem Court fee is payable qua the relief of grant of decree of declaration where the agreement to sell has become ineffective and is not binding on the rights of the plaintiff with the consequential relief of declaration that the earnest money stands forfeited. 2. Consequently, the revision petition is allowed. 3. The impugned order passed by the trial Court directing the plaintiff to pay ad valorem Court fee is set aside resulting in dismissal of application filed by the defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908. April 21st, 2025 (ANIL KSHETARPAL) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.04.23 13:09 I attest to the accuracy and authenticity of this order/judgment.