[1]. Petitioner seeks to assail the order dated 16.05.2019 passed by the Civil Judge (Jr. Divn.) Pataudi vide which the application under Order 7 Rule 11 CPC filed by the defendants was allowed.
[2]. I have considered the submissions made by learned counsel for the petitioner.
[3]. Admittedly the plaintiff has challenged the sale deed dated 13.10.2017 executed by her for a lawful consideration. The alleged consideration was paid in cash, through cheques and RTGS. Petitioner has challenged the sale deed on the basis of fraud as well. CR-4411-2019 2
[4]. In view of first principle of Suhrid Singh @ Sardool Singh Vs. Randhir Singh and others, 2010(2) RCR (Civil) 564, if the executant of a sale deed seeks it to be annulled, he/she has to seek cancellation of the sale deed and in such eventuality he/she has to pay ad valorem court fee on the consideration shown in the instrument. Principle Nos.2 and 3 of the said judgment do not apply in such a situation.
[5]. Even in case of fraud, the Hon'ble Apex Court in Civil 2015 titled 'M/s Omax Construction Ltd. Vs. Dharam Singh and others' decided on 26.10.2015 has held that in case of fraud, the plaintiff has to affix ad valorem court fee. The aforesaid order was passed in the said SLP(C) arising out of CR