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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Pandit Shyobuxrai Arichwal Charitable Trust, Through Trustee Vishnudatt Sharma, Son Of Late Biharilal Sharma – Appellant
Versus
Anita Sharma, W/o. Late Praveen Sharma – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present civil writ petition has been filed challenging the order dated 09.12.2025, passed by the learned District Judge, Jhunjhunu, whereby upon objections being raised by the Office, the learned trial Court directed the plaintiff-petitioner to pay requisite Court fees on the valuation of sale deed, which has sought to be declared as ‘null and void’ to the extent of the rights of the plaintiff-petitioner.
2. Learned counsel for the petitioner submits that the petitioner has not filed a suit for cancellation of the sale deed, as he was not a party to the said instrument. He further submits that as the petitioner is neither an executant nor a party to the sale deed, he is not required to seek its cancellation. Rather, as per the prayer clause of the suit, the petitioner has only sought a declaration that the sale deed be declared ‘null and void’ qua his rights.
3. Learned counsel for the petitioner further submits that the learned trial Court has committed an error while directing the petitioner to pay Court Fees as payable wherein a suit for cancellation of an instrument is preferred under Section 38 of the Rajasthan Court Fees and Suit Valuation Act, 1
A declaration of voidness suffices in court fee assessments if the plaintiff is not an executant of the deed, negating the need for cancellation or payment based on market value.
The central legal point established in the judgment is the requirement to consider the law regarding computation of Court fees in civil suits challenging sale deeds, as enumerated by the Hon’ble Supr....
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