Sujoy Paul, J.

1. Petitioner/plaintiff filed a suit for declaration and permanent injunction (Annexure P/2). The defendants filed an application under Order 7 Rule 11 C.P.C. (Annexure P/6) contending that the plaintiff has sought a declaration that sale deed dated 21.07.2008 be declared as nullity and inoperative and has paid only Rs. 2,000/- as court fees. The plaintiff is signatory to the sale deed and therefore, he need to pay ad valorem court fees. Parties were heard on this application. The court below by order dated 19.09.2013 partly allowed the said application and directed the plaintiff to pay the court fees as per value of the sale deed. This order is called in question in this petition filed under Article 227 of the Constitution.

2. Shri K.S. Tomar, learned senior counsel for the petitioner assailed the order on the ground that the sale deed is a void document. It is urged that where a person sought the relief for avoiding the instrument in which he is a party and signed by him, said document is void ab initio and he is not bound by said document. Ad valorem court fees is not required to be paid in those cases. Shri Tomar submits that in absence of full payment of c