SHYAMCHARAN PAUL Vs. ROOPALI PROMOTERS AND CONTRUCTION

JUDGEMENT

(1.) IN this intra Court appeal, the challenge is to the order dated 12-9-2008 passed by the learned single judge in Writ Petition No. 14545/2007.

(2.) THE appellants as petitioners invoked the extraordinary jurisdiction of this Court under Art. 227 of the Constitution of India calling in question the legal validity of the order dated 25-8-2007 passed by the learned second Additional District Judge, Jabalpur in Civil Suit No. 16453/2007. The learned single Judge lias concurred with the conclusion recorded by the trial Judge whereby he had held that the appellants as plaintiffs were required to affix the ad valorem Court fee for declaring the sale-deed 11-5-2004 registered on 12-5-2004/ 14-5-2004 as null and void.

(3.) WE have heard Mr. Shripal Jain, learned counsel for the appellants, on the question of admission. It is submitted by Mr. Jain that the plaintiff were trying to avoid the sale-deed and, therefore, they are only required to pay (he fixed Court-fee.