R.S. Garg, Ag. C.J. -- 1. Undisputedly, present petitioner had filed civil suit for declaration of title, cancellation/avoidance of the document and permanent injunction submitting inter alia that the suit document under which the plaintiff is said to have received a sum of Rs. 1,11,600/- in fact would not bind his interest because, the same was got executed after playing fraud upon the plaintiff. It appears that during pendency of the suit an objection came to be raised by defendant No.1 that in accordance with the guideline framed by the Collector of Stamps, the property was valued for a sum of Rs. 4,94,500/- and the purchaser was required to pay additional stamp duty and additional registration charges, therefore, the value of the property would be 4,94,500/-. On the basis of pleading of the parties, issue No.5 was cast by learned trial court to the effect that whether the plaintiff had valued the suit property and had paid appropriate court-fee.

After hearing learned counsel for the parties, learned Court below came to the conclusion that the plaintiff was required to value the suit for a sum of Rs. 4,94,500/ - and was obliged to pay Court-fee accordingly. Placing relia