- (1.) THIS appeaj arises out of an order passed by the additional Civil Judge (Senior Division) Allahabad on 23rd December, 2006 enhancing the amount of Court-fees, on the basis of market value of the property, to the tune of rupees twenty five crores.
(2.) SINCE the parties arrived at a consensus for hearing the mater on informal papers, as all materials are available on record and the dispute is confined to Court-fees only, we have heard the appeal on contest at the admission stage.
(3.) FACT remains that the plaintiff/appellant instituted a suit for injunction upon payment of appropriate Court-fees. An interim application was also made by the plaintiff/appellant to that extent. However, upon issuance of notice, the defendants/respondents appeared and filed an objection to such application annexing allegedly forted and fabricated documents i. e. agreement for sale, power of attorney and sale deed etc. which were not executed by the plaintiff/appellant. At that stage, the plaintiff/appellant was compelled to make an application for amendment of the plaint to make an additional prayer, which was allowed. Such additional prayer was made regarding cancellation of the sale deed etc. which is by nature declaratory relief. Naturally, a question arose before the Court below whether the Court-fees initially paid by the plaintiff/appellant is sufficient or further Court-fees will be paid. Ultimately the dispute poised down to a finding and the aforesaid order was passed by enhancing the Court-fees on the basis of the market value of the property. Being aggrieved thereby and dissatisfied with such order, the plaintiff/appellant preferred this appeal.;