RAM CHAND GUPTA, J. (Oral) - C.M.No.12102-CII of 2011

Application is allowed subject to all just exceptions.

The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 26.4.2011, Annexure P3, passed by learned trial Court, vide which petitioner-plaintiff has been directed to pay ad valorem court fee on the amount of consideration of sale deed.

2. I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.

3. Facts relevant for the decision of present revision petition are that petitioner-plaintiff filed a suit for declaration and permanent injunction that he is owner and in possession of the property in dispute and that respondents-defendants by playing fraud upon him, got his signatures on some documents on the plea that agreement to sell was being executed and, however, later on he came to know that, in fact, sale deed was got executed and registered by them in their favour.

4. Though the suit has been filed for declaration that the sale deed dated 30.3.2011 is null, void and not binding upon the rights of the pla