(1.) Plaintiffs-Petitioners have filed suit for declaration saying sale deed executed by their father qua the share of the Plaintiffs is void. In the suit, learned Trial Court has directed the Plaintiffs-Petitioners to pay ad valorem court fee. Hon'ble Apex Court in the matter of Suhrid Singh @ Sardool Singh v. Randhir Singh and Ors.,2010 2 RecCivR 564, has held that if Plaintiff is not the executant and declaration is sought that alienation made by the father qua the share of the Plaintiff is void, then Plaintiff is not supposed to pay ad valorem court fee.
(2.) In view of the dictum of the Apex Court in the matter of Suhrid Singh (supra), present petition is allowed. Impugned order is set aside. However, it is made clear that any observation made in the impugned order while refusing the injunction shall not affect the trial.