PANDIT SHYOBUXRAI ARICHWAL CHARITABLE TRUST Vs. SUNIL KUMAR

JUDGEMENT

(1.) The present civil writ petition has been filed challenging the order dtd. 9/12/2025, passed by the learned District Judge, Jhunjhunu, whereby upon objections being raised by the Office, the learned trial Court directed the plaintiff-petitioner to pay requisite Court fees on the valuation of sale deed, which has sought to be declared as 'null and void' to the extent of the rights of the plaintiff-petitioner by applying Sec. 38 (1) of the Rajasthan Court Fees and suits valuation act 1961 (herein after referred to act of 1961).

(2.) Learned counsel for the petitioner submits that the petitioner has not filed a suit for cancellation of the sale deed, as he was not a party to the said instrument. He further submits that as the petitioner is neither an executant nor a party to the sale deed, he is not required to seek its cancellation. As per the prayer clause of the suit, the petitioner has only sought a declaration that the sale deed be declared 'null and void' qua his rights.

(3.) Learned counsel for the petitioner further submits that the learned trial Court has committed an error while directing the petitioner to pay Court Fees as payable in a suit for cancellation of an instrument under Sec. 38 of the act of 1961. In support of his submission, learned counsel has relied upon the judgment passed by the Hon'ble Apex Court in Suhrid Singh @ Sardool Singh vs Randhir Singh and Ors; 2010 (12) SCC 112, held as under: