This revision U/S 115 CPC is directed against the order dated 6.9.2003, passed by District Judge, Sehore in C.S. No. 1-A/01.

Plaintiff/non-applicant Late Jagannath Prasad and Smt. Rajgunni instituted C.S. No. 1-N01 seeking declaration of nullity of registered sale deeds dated 8.7.1999 said to have been executed by plaintiff Late Jagannath Prasad on the ground that defendant-applicants got executed the registered sale deeds aforesaid by practicing fraud and misrepresentation. As per para 15 of the plaint (Annexure A-1), fixed Court fees for declaration and injunction has been paid. Defendant-applicants inter alia contended that the registered sale deeds dated 8.7.1999 were executed in their favour for a consideration of Rs.2,10,000/-, therefore, under section 7 (iv) (c) of the Court Fees Act, plaintiff/non-applicants are required to pay ad valorem court fees. The Court below vide impugned order dated 6.9.2003 held that payment of ad valorem court fees for the relief of declaration and injunction as set up in plaint (annexure A-1) is not required.. Being aggrieved, defendant-applicants have preferred this revision u/s 115 CPC.

Admittedly, plaintiff Late Jagannath Prasa