Vivek Kumar Birla, J. - (1.) Heard learned counsel for the petitioners and perused the record.
(2.) Present petition has been filed challenging the impugned order dated 17.12.2011 passed by the Civil Judge (J.D.) Mohammdabad Ghazipur in Original Suit No. 298 of 1997 as the as the order dated 31.5.2018 passed by Additional District Judge, Ghazipur in Civil Revision No. 2 of 2012.
(3.) By order dated 17.12.2011 the trial Court has decided the issue no. 3 regarding valuation and Court fees against the plaintiffs (petitioners herein). The valuation of the suit was fixed at Rs. 1,99,000/- on the basis of sale deed of the year 1994 regarding which relief of declaration that the same may be declared as void and ineffective has been prayed for. The plaintiffs (petitioners herein) were directed to pay the Court fees accordingly. Revision against the same was also rejected by the Court below on the ground that once the relief is being claimed regarding declaration of a deed as null and void, without holding the same , the declaratory relief as sought cannot be granted, hence the Court fees is to be paid accordingly.;