Hon’ble Tarun Agarwala, J.—The petitioners instituted a suit for a declaration that they should be declared to be the half owners of the property in question on the basis of a registered Will left by their mother. During the pendency of the suit, the respondent No. 1, executed a sale deed for the entire house. Accordingly, the plaintiffs filed an amendment application seeking a further relief in the suit, namely, for the cancellation of the sale deed with respect to her share of the property. This amendment was allowed and the said relief was incorporated in the plaint, as relief No. 2.

2. The trial Court framed issue No. 2 with regard to the sufficiency of the Court fee. The trial Court, by an order dated 28.5.2004, found that the petitioners had valued the plaint at Rs.1.00 lac, whereas, the valuation of the property, as per the sale deed, was Rs. 5,20,000.00. The trial Court, also found, that the Court fee was required to be paid in accordance with the provisions of Section 7(iv-A) of the Court Fees Act, 1870 as applicable in the State of U.P. The trial Court accordingly directed the plaintiff to file an appropriate amendment application for the amendment of its plaint. T