In CR-1479-2023-PUNJ HC- P&H HC dismisses appeal against Trial Court’s ruling reaffirming that ad valorem Court fee was not required to be paid when suit had been filed for declaration that plaintiff was joint owner to extent of her share in property 
Justice Anupinder Singh Grewal [13-03-2023]

Read Order: BUDH SINGH AND ANOTHER v. CHARANJEET KAUR @ HARCHARAN KAUR AND OTHERS 

Mansimran Kaur

Chandigarh, March 14, 2023: The Punjab and Haryana High Court has dismissed a petition challenging the order whereby the petitioner’s application under Order 7 Rule 11 CPC was dismissed by terming the petition to be meritless. 

The petitioners had approached the Bench of Justice Anupinder Singh Grewal challenging the order dated December 14, 2022 whereby their application under Order 7 Rule 11 CPC was dismissed.

 The petitioners submitted that as this was filed for declaration of joint ownership and possession of the suit property with consequential relief of permanent injunction, therefore, ad valorem Court fees ought to have been affixed.

After hearing the submissions of the parties, the Court noted that plaintiff-respondent had filed a suit seeking declaration of joint ownership and joint possession of the suit land on the basis of natural succession. The suit was valued for relief of declaration and joint possession at Rs.200/- and at Rs.130/- for relief of permanent injunction and the Court fee of Rs.100/- was only paid, the Court noted. 

The trial Court, while declining the application, relied upon the judgment of this Court in the case of Harjinder Singh and ors. Vs. Kuldeep Kaur, 2022 (2) PLR 565 wherein under somewhat similar circumstances, when a suit had been filed for declaration that the plaintiff is joint owner in joint possession to the extent of her share in the property, the ad valorem Court fee was not required to be paid, the Court further noted. 

In view of the same, the Court failed to find any merit in this petition and was thus accordingly dismissed.