ORDER

By way of instant petition, under Article 227 of the Constitution of India, the petitioner is challenging the order dated 12.03.2020 passed by Civil Judge, Class I, Gohad, District Bhind in Case No.29 of 2020 (RCSA) by which an application preferred by the present petitioners/defendants under Order 7 Rule 11 of the Code of Civil Procedure, 1908 was rejected.

2. Vide said application, the petitioners/defendants had sought rejection of the plaint on the ground that despite the sale deed dated 11.12.2019 having been challenged and relief of declaring it to be null and void and not binding on the respondents/plaintiffs had been sought, the Court-fees ad valorem had not been paid on the sale consideration on the said sale deed.

3. Learned Trial Court after considering the matter held that since an allegation of fraud has been levelled by the plaintiffs to the effect that on the pretext of treatment of his eyes thump impression of the original plaintiff/respondent was forcibly taken over the said sale deed which was without any consideration, therefore, the Court-fees ad valorem was not required to be paid.

4. Learned counsel for the petitioners, while placing reliance upon the judgm