Vivek Rusia, J.

1. The petitioners have filed the present petition being aggrieved by order dated 9.10.2018 passed by learned first appellate Court whereby application filed under Order 7 Rule 11 read with Section 107 of C.P.C. has been allowed by directing the petitioner/plaintiff to pay the ad valorem Court fees.

2. Facts of the case, in short, are as under:

(i) The present petitioners being the plaintiffs filed the suit for declaration and permanent injunction in respect of land bearing Survey No.805/3 area 0.55 Hect. and Survey No.806/3 ara 0.38 Hect. of Village Dablahurd, Tehsil Tarana, District Ujjain (hereinafter, for short, "the suit land"). The suit land was initially owned by father of the plaintiffs viz. Late Shri Badrilal, who in his life time sold it vide registered sale-deed dated 22.7.2009. After the death of Badrilal, plaintiffs filed the suit challenging the aforesaid sale-deed executed in favour of respondent No.1/defendant No.1 and also sought the relief of permanent injunction.

(ii) On the basis of pleadings, learned trial Court initially framed five issues for adjudication.

(iii) Respondent No.1/defendant No.1 filed an application under Order 7 rule 11 of