Section 7(iv-A) of the Court Fees Act does not apply to suits for declaration of cancellation of an instrument which does not secure money or other property having a market value.

( 1 ) THIS revision by the defendant- revisionists is directed against the orders dated 16-3-1994 passed by the VI Addl. District Judge, Varanasi and dated 16-9-1994 passed by the Ist Addl. District Judge, Varanasi on misc. applications filed by the plaintiffs.

( 2 ) THE first order under challenge was passed by the VI Addl. District Judge, Varanasi dated 16-3-1994 by which the court decided that he shall proceed to decide the case fixing 8-4-1994 for filing the written statement and framing of issues. The Stamp Reporter, although in his report pointed out that time upto 16-12-1994 for taking cognizance of the revision is within limitation. It appears that the order dated 16-3-1944 has no direct relationship with the order dated 16th Sept. 1994 passed by the Ist Addl. District Judge, Varanasi, which was passed in respect of the valuation and court-fee paid by the plaintiff on the plaint. Sri Tarun Agarwal, learned counsel has filed his caveat on behalf of the respondents. Sri. Sudhir Chandra appeared as Senior Counsel for the respondent-caveators.

( 3 ) INITIALLY Sri Sudhir Chandra, raised a preliminary objection about the maintainability of the revision against the impunged order dated 16-3-1994. He submitted that period of limitation for the order dated 16-3-1994 for challenging in revision expired long back and the present revision is, thus, not maintainable, as barred by limitation. So far as the order dated, 16-3-1994, is concerned Sri Rakesh Dwivedi submitted that since the order dated 16-3-1994 is about jurisdiction and competence of VI Addl. District Judge to decide the suit itself, which question is open to challenge even in appeal at a later stage, as such, he can legally impugn order dated 16-3-1994 which initially goes to the root and the competence and jurisdiction of the VI Addl. District Judge, Varanasi to proceed with the suit.

( 4 ) SRI Rakesh Dwivedi, learned counsel for the revisionists and Sri Sudhir Chandra, counsel for the caveators, submitted that the necessary documents and applications have already been filed as annexure with the stay application. This, court may hear the revision about the preliminary objection and also about the correctness and legality of the order dated 16th Sept. 1994 also impugned in this revision, finally without sending for the record of the court below or passing orders for admission on the revision application of the revisionists. Hence, I proceed to decide the case after hearing the learned counsel for the parties finally on both the counts.

( 5 ) A perusal of the order dated 16-3-1994 shows that a transfer application was filed before this Honble Court for transferring the O. S. No. 265 of 1993 from the court of IV Addl. Civil Judge, Varanasi. This Court by order dated 27-5-1993 modifying the order dated 24-5-1993 was pleased to direct and authorise the District Judge to nominate such an officer who may be available during the summer vacation for deciding the interim injunction application. The then District Judge, Varanasi in compliance with the orders of the High Court dated 27-5-1993 by his order dated 28-5-1993 nominated VII Addl. District Judge, Varanasi Sri Chandra Prakash to decide the interim injunction application. The interim injunction application was decided by order dated 8-6-1993 by Sri Chandra Prakash, VII Addl. District Judge, Varanasi. The order dated 8-6-1993 passed by Sri Chandra Prakash, VII Addl. District Judge was challenged by the plaintiff in F. A. F. O. before the High Court. The High Court disposed of F. A. F. O. No. 718 of 1993 by its order dated 8-10-1993. A Special Leave Petition was filed before the Honble Supreme Court against the order dated 8-10-1993. The Honble Supreme Court set aside the order dated 28-1-1994 passed by the High Court. The Honble Supreme Court was pleased to direct "the trial court is however, directed to dispose of the suit fianlly as expeditiously as possible". The order of the Honeble Supreme Court in S.