Smt. Rambito Alias Rambeti vs Lajjaram
2023 Latest Caselaw 17920 MP

Citation : 2023 Latest Caselaw 17920 MP
Judgement Date : 27 October, 2023

Madhya Pradesh High Court

Smt. Rambito Alias Rambeti vs Lajjaram on 27 October, 2023

Author: Anand Pathak

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        MP No. 6429 of 2023
                                            (SMT. RAMBITO ALIAS RAMBETI Vs LAJJARAM AND OTHERS)

                           Dated : 27-10-2023
                                 Shri Santosh Agrawal - Advocate for petitioner.

                                 Shri Vishal Tripathi - Government Advocate for State.
                                 The present petition is under Article 227 of Constitution taking exception
                           to order dated 5.10.2023 passed by Second Additional Judge, Morena whereby
                           application under Order 7 Rule 11 CPC preferred by respondent

no.1/defendant has been allowed and petitioner/plaintiff has been directed to

submit Ad valorem Court fees as per Section 7(4)(c) of Courts Fees Act.

According to learned counsel for petitioner approach of Court below is erroneous because deed in question is relinquishment deed in which petitioner did not receive any consideration and said deed has been obtained through fraud and therefore, is void ab-initio. Therefore, fix Court fees is required to be paid rather than Ad valorem Court fees.

Counsel for petitioner undertakes that in case, petition is dismissed, then petitioner/plaintiff shall deposit Ad-valorem Court fees without fail.

Issue notice to the respondents on payment of process fees through

RAD mode within seven working days, returnable within four weeks.

As an interim measure, suit may proceed without insistence upon Ad valorem Court fees at this stage. However, it is made clear that suit shall not be concluded/final judgment shall not be passed without leave of this Court and if petition fails then plaintiff has to pay Ad valorem Court fees.

List this case in the week commencing 4.12.2023.

Signature Not Verified Signed by: ROHIT SHARMA Signing time: 27-10-2023 06:52:27 PM

(ANAND PATHAK) JUDGE Rohit

Signature Not Verified Signed by: ROHIT SHARMA Signing time: 27-10-2023 06:52:27 PM