Order vii rule xi
Adv B.B.Gambhir #9814820602
(Querist) 18 August 2012
This query is : Resolved
my client and his friend gurdip singh are in jail appointed a general power of attorney(registered)to father of Gurdeep singh on which it has been mentioned, " No Possession of the property is given and no money transaction has been taken place" but on the basis of said GPA, father of Gurdeep Singh executed a sale deed in favour of Gurdeep Singh real son. when my cient came to know, he immediately filed a suit for declaration that the sale deed is declare to be null and void have no value in the eyes of law. the opposite party appeared and filed a application u/o 7 rule 11 cpc for rejection of plaint for want of court fee. i argued that i am still in possession of the property in question and i am not seeking possession of the property in question so i am not entitled to affixed ad-valorem court fee but the court allowed the application and directed us to affix the advalorem court fee. now i want to challange the order. whether the order is appealable or revision will lie. if appeal is lie can you provide any judgment or law.
thankyou
adv. rajeev ( rajoo )
(Expert) 19 August 2012
Neither appeal lies nor revision. You will have to file a writ in the High Court because it is an order on an interim application.
Ajay Gulati
(Expert) 19 August 2012
u wil have to file petition under article 227 before the HC which is not a writ petition which may not benefit u bcz for seeking cancellation of a document i.e. the sale deed, u hav to pay the ad-valorem court fee on the sale consideration amount mentioned in the deed.
2010(5) SCC 622
Jeevesh
(Expert) 19 August 2012
a revision u/s 115 CPC to HC lies agaainst order u/o 7 r 11. the order is not appealable.
Ajay Gulati
(Expert) 20 August 2012
revision wil only lie when the case falls under the proviso to section 115 i.e. where the application under order 7 Rule 11 is allowed to the extent that the plaint is rejected otherwise the remedy is 227.
