HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 22033 of 2011 Petitioner :- Vishwanath Bose Respondent :- Civil Judge (J.D.) And Another Petitioner Counsel :- M. Sarwar Khan Hon'ble Rajes Kumar,J.
Learned counsel for the petitioner submitted that respondent-plaintiff filed a suit on 13.12.2010 for the cancellation of the sale deed. In view of Section 17 IV-A of the Court Fees Act, the court fee has to be paid on the market value of the property. He placed reliance on the various decisions of the apex Court and the High Court. While court fee has not been paid under the aforesaid section, therefore the petitioner filed a preliminary objection before the trial court which has been rejected by the impugned order against which the petitioner filed revision, which has also been dismissed.
The matter requires consideration.
Issue notice to respondent no. 2, returnable at an early date. The petitioner may take steps within 10 days to serve the respondent by registered post.
List in the week commencing 16.5.2011.
Till the next date of listing, the operation of the impugned order dated 14.2.2011 passed by the Civil Judge (Junior Division) Sahar Jaunpur in O.S. No. 1291 of 2010 Ashok Kumar Vs. Deepmala and others and impugned order dated 24.2.2011 passed by the Incharge District Judge, Jaunpur in Civil Revision No. Nil/2011, Vishwanath Bose Vs. Ashok Kumar shall remain stayed.
Order Date :- 18.4.2011 OP