ORDER :

1. This petition has been brought seeking indulgence of this Court for setting aside the impugned order dated 26.9.2018 passed by the trial Court in civil suit filed by the petitioner/plaintiff against the respondent.

2. Learned counsel for the petitioner submits that the petitioner has filed the civil suit praying for relief of declaration that the will dated 15.9.2017 on which the respondent is relying, is a forged document on that basis after making valuation of the civil suit, the petitioner/plaintiff has paid fixed Court fees of Rs.500/-, which has been paid in accordance with law under Court Fees Act Schedule-II Article 17(iii) Court Fees Act, 1870.

3. It is submitted that the learned trial Court has at the stage of registration of suit held, that petitioner has prayed for consequential relief, therefore, the Court Fees in this case is payable under Section 7(iv)(c) of Court Fees Act, which is an erroneous conclusion drawn by the trial Court, consequential relief prayed for by the petitioner is only to restrain the respondent from alienating and creating third party interest on the suit property. Therefore, the impugned order is erroneous, which is liable to be set aside