ABHAY SOOD Vs. BABU BATUK NATH

JUDGEMENT

(1.) Heard learned counsel for both the parties and perused the record.

(2.) These two revisions have been preferred against the order dated 19.08.2010, passed by learned Additional Civil Judge, Senior Division, Court No.22, Lucknow, in Regular Suit No.112 of 1996. Hence, I proceed on to decide both these revisions together.

(3.) Admittedly, the suit was filed for declaration and injunction to the effect that plaintiff is the bhumidar of plot lying in Khasra No.314, Village Bastauli (now Indira Nagar), Lucknow. The plaintiff has valued the suit property for Rs.5,00,000/- and paid ad-voleram court fee of Rs.500/- and Rs.200/- respectively. During the pendency of the suit the plaintiff died and four persons were impleaded as legal representatives. The defendants filed their written statement and pleaded that the suit is highly undervalued and the court fee paid is insufficient. The relief as prayed for is that of possession and, as such ad-voleram court fee on the present market value of the property in suit be paid. Further on relief (b) also the ad-valoram court fee is payable on the market value of the property and the suit should not proceed unless proper court fee is paid. This plea has been taken in reply to para 20 of the plaint. Nothing has been pleaded by the defendants in additional pleas, regarding the payment of court fee.