Mohit Kumar And Ors vs Bharat Singh And Ors on 7 April, 2016
Having considered the submissions made by learned
counsel for the parties, this Court is of the considered view that the
court below has rightly decided the application under order 7 Rule 11
CPC because the petitioners had infact filed suit for specific performance
of agreement of sale dated 28.1.2008, though merely because of
jugglery of words, petitioner sought decree for declaration just to avoid
the payment of court fee. The same is not permissible as per law. On
these facts, the present case is distinguishable from the case of Bant
Singh v. Noble Trade Cone Pvt. Ltd. and Others (supra). For all
intents and purposes, the decree for specific performance of agreement
of sale was sought and the Court below has rightly directed the
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petitioners to affix the court fee.