Sunita Agarwal, J.

Learned counsel for the petitioner has been heard at length and the present petition is being disposed of finally at the admission stage itself.

2. This is the defendant's petition. The matter pertains to the suit valuation and ascertainment of court fees by the trial court.

3. By means of the present petition, the petitioner is seeking to challenge the order dated 14.10.2011 passed by the Additional Civil Judge (S.D.), IIIrd Agra in Original Suit No.1039 of 2007 (Smt. Shashi Parashar & another Vs. Shri Dhruv Parashar & others), whereby while deciding issue no.3 & 4, the court below has reached at the conclusion that the suit is under valued and sufficient court fee has not been paid by the plaintiffs.

4. The said suit has been filed with the relief of declaration against the defendants for declaring the Will dated 02.04.2002, allegedly of the husband of the plaintiff no.1 and the power of attorney dated 03.05.2007 and the consequent sale deed dated 05.05.2007, in respect of the suit property, being null and void and the consequent cancellation of Will, Power of Attorney and the sale deed as aforesaid.

5. A perusal of the averments in paragraph no.32 of the