Madhya Pradesh High Court
Lakhshman Prasad Patel vs Rajeev Kumar on 24 August, 2015
WP-7201-2011
(LAKHSHMAN PRASAD PATEL Vs RAJEEV KUMAR)
24-08-2015
Parties through their counsel.
Heard.
In this petition under Article 227 of the Constitution of India, the petitioner has challenged the validity of the order dated 14/3/2011 by which the the trial Court has directed the petitioner/plaintiff to pay the Court fee on the amount mentioned in the sale consideration.
I have considered the submission made by learned counsel for the parties and have perused the record. From perusal of the record, it is evident that the suit has been filed by the petitioner seeking the relief of cancellation of the sale deeds dated 2.7.1997, 24.11.1999 and 14.6.2000. The trial Court by the impugned order has directed the petitioner to pay the Court fee on the sale consideration. Admittedly, the plaintiff is not a party to the sale deeds in question, therefore, he is not required to seek the relief of cancellation of sale deeds and to pay the Court fee on the amount mentioned in the sale consideration, as has been held in the case of Suhrid Singh @ Sardool Singh Vs. Randhir Singh and others, (2010) 12 SCC 112. However, the aforesaid aspect of the matter has not been taken into consideration by the trial Court.
For the aforementioned reasons, the impugned order passed by the trial Court suffers from the error apparent on the face of record. Accordingly, the same is hereby quashed.
In the result, the writ petition is allowed. C.C. as per rules.
(ALOK ARADHE) JUDGE