JUDGMENT :

Vishal Mishra, J.

With the consent of the learned counsel for the parties, the matter is finally heard.

1. The present petition is being filed under Article 227 of the Constitution of India challenging the order dated 22.12.2020, whereby the application filed under Order 7 Rule 11 of CPC has been allowed and the petitioners have directed to pay the ad valorem court fees on the civil suit filed by them.

2. It is pointed out that the civil suit was filed by the petitioners for seeking declaration and injunction with respect to the property in question and also for declaring the Will dated 22.1.2019 as null and void as against the plaintiff/petitioners. The suit was valued for Rs. 1,01,000/- for declaration and injunction and accordingly the fixed court fees was paid. It is pointed out that the valuation of the court fees is required to be done only on the basis of pleadings of the plaint and the nature of reliefs sought. It is argued that the petitioners have sought for the following reliefs in the civil suit:

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