Madhya Pradesh High Court
Gajari Bai vs Banarsi Builders Private Limited on 12 January, 2017
WP-16078-2016
(GAJARI BAI Vs BANARSI BUILDERS PRIVATE LIMITED)
12-01-2017
Shri Ankit Saxena, learned counsel for the petitioner.
Ms. Jayalakshmi Aiyer, learned counsel for the respondent.
Invoking jurisdiction under Article 227 of the Constitution of India and challenging the order dated 19.8.2016 partly allowing the application under Order 7 Rule 11 of the Code of Civil Procedure filed by the respondent/defendant directing the petitioner to make payment of court fees in a suit seeking declaration of the sale deed dated 22.3.2011 as null and void, plaintiff/petitioner has filed this petition.
After hearing learned counsel for both the parties and on perusal of the facts of the case, it is apparent that plaintiff filed a suit seeking declaration of the sale deed dated 22.3.2011 executed by him as null and void on account of non- payment of the amount of consideration. In case the declaration was sought to declare the sale deed as null and void, the judgment of Full Bench of this Court rendered in the case of Sunil Radhelia and others v. Awadh Narayan and others
- 2010(4) MPHT 477 is relevant by which it is decided that in case the plaintiff makes an allegation that the instrument is void and hence not binding on him, ad valorem Court fees is not payable and he can claim simplicitor declaration with respect to the said document.
In that view of the matter, in my considered opinion, the trial court committed error of jurisdiction and illegality by passing the order impugned Annexure P/1. Accordingly it is set aside.
The writ petition stands allowed and disposed of.
(J.K. MAHESHWARI) JUDGE shukla