- (1.) THE plaintiff filed a suit for adjudging the will dated 21.3.2003 and sale -deed dated 12.1.2005 as null and void. In this suit issue No. 2 was framed regarding valuation and court fee. The trial court decided the issue on 23.5.2010 and held that neither the suit was properly valued nor the court fee has been paid. Hence the present appeal by the plaintiff.
(2.) WE have heard counsel for the appellant and the standing counsel for the State. The delay in filing the appeal is condoned and with the consent of the parties, it is being decided on merit. The suit is for adjudging the will and sale -deed as null and void. It is covered under section 7(iv -A) of the Court Fees Act as amended by State of UP and ad valorem court fee is to be paid. This is also held by the following three division bench decisions of our court: (i) Ajay Tiwari v. Hirday Ram Tiwari: : AIR 2006 All. 333; (ii) Kailash Chand vs. ACJ Meerut: : AIR 1999 All. 151; and (iii) Smt. Rajni Swami vs. Smt. Shakuntala Sharma: : 2009 (6) ADJ 63 (DB Allahabad High Court.
(3.) THE counsel for the appellant has cited Suhrid Singh alias Sardool Singh vs. Randhir Singh: : 2010 (2) JCLR 518 (SC) and submits that: • No consequential relief has been sought for; • The court fee will be paid under schedule 2(17 -iii) of the Act. The aforesaid case was of Punjab and the court was considering the Court Fee Act is amended in Punjab: whereas, we are concerned with the Court Fees Act as amended by our State. There is nothing to show that similar provision was there. In view of this, the appeal has no merit and it is dismissed.;