K.K. Lahoti, J.

1. A Division Bench of this Court has referred following two questions for the consideration of the Full Bench:

(1) Whether ad valorem Court fee is not payable when the Plaintiff/Plaintiffs make an allegation that the instrument is void and hence, not binding upon him/them ?

(2) Whether the decision rendered in Narayan Singh (supra), lays down the law correctly that the Plaintiff, a party to the instrument, is not required to pay ad valorem Court fee as he has made an allegation that the instrument is void ?

2. Before proceeding further in the matter, it would be appropriate to refer to facts of the case.

(A) In Writ Petition No. 14679/06, the facts are as under:

(i) Respondent No. 1 Awadh Narayan filed a suit before the District Judge, Katni bearing No. 6-A/2005 for declaration and permanent injunction. The suit was valued at Rs. 27,89,911/- and Court fee of Rs. 540/- was paid. In the relief clause, the Plaintiff sought a declaration that he be declared to be entitled to receive an amount of Rs. 14,80,000/- as the detained salary from the Defendant No. 1. He also claimed a relief that the agreement dated 26-6-2000, which was executed for an amount of Rs. 3,45,000