Neutral Citation No. - 2025:AHC-LKO:10374 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 18016 of 2017 Petitioner :- Abdullah Enayat Kidwai And Ors Respondent :- A.D.J / Spl. Judge E.C Act Barabanki And Ors Counsel for Petitioner :- Adnan Ahmad,Adnan Ahmad Counsel for Respondent :- Ajeet Kumar,Ashish Kumar Srivastava,Shashank Shekhar Trivedi Hon'ble Pankaj Bhatia,J. 1. An illness slip has been filed by learned counsel for the respondent. However, as the issue is to be decided on a plain reading of the statutory provisions and the matter is very old, I am not inclined to adjourn the matter. 2. Heard learned counsel for the petitioners. 3. The present petition has been filed challenging an order dated 06.03.2017, whereby the issue of court fees was decided against the plaintiff and the plaintiff was directed to pay court fees as per Section 7(iv-A) of the Court Fees Act, 1870. 4. Learned counsel for the petitioners draws my attention to the plaint, wherein a relief was claimed with regard to quashing of the sale deed executed on 22.01.2009 by the persons named in paragraph 7 of the said plaint, mainly on the ground that the sellers were not owners, the seller were not in possession, no consideration was paid, the sale deed was collusive and the same was sham. In the said suit, objections raised with regard to the court fees. The issue was decided in favour of the plaintiff holding that the court fees paid in the plaint was sufficient. The defendant to the suit filed a revision, which was allowed and the plaintiff was directed to pay the court fees by means of the impugned judgement. 5. The submission of learned counsel for the petitioner is that the defendant had no right to file a revision as essentially the issue of court fees is in between the plaintiff and the State. He further argues that the revisional court has erred in ignoring the fact that the sale deed for which the quashing was sought was not executed by the petitioner and thus, clause(2) of Section 7 would apply. In this regard, it is essential to notice the provisions of the Court Fees Act, 1870 as applicable in the State of U.P., which are as under:- "For cancellation or adjudging void instruments and decrees.- (iv-A) In suit for or involving cancellation of or adjudging void or voidable a decree for money or other property having a market value, or an instrument securing money or other property having such value: (1) where the plaintiff or his predecessor-in-title was a party to the decree or the instrument, according to the value of the subject matter; and (2) where he or his predecessor-in-title was not a party to the decree or instrument, according to one-fifth of the value of the subject-matter, and such value shall be deemed to be- if the whole decree or instrument is involved in the suit, the amount for which or value of the property in respect of which the decree was passed or the instrument executed, and if only a part of the decree or instrument is involved in the suit, the amount or value of of the property to which such part relates. Explanation.- 'The value of the property' for the purposes of this sub- section, shall be the market-value, which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-section (v), (v-A) or (v-B), as the case may be." 6. Considering the specific mandate of the Court Fees Act and on a plain reading, it is clear that where the plaintiff or his predecessor-in-title were not a party to the decree, which is sought to be quashed, one-fifth of the value of the subject matter would be deemed to be a proper court fees. 7. On a plain reading, the order impugned cannot be sustained. The same is quashed. The suit shall now proceed in accordance with law as essentially the petitioner as a plaintiff has paid the court fees, which is prescribed under the statute. The suit shall be decided on the other issues in accordance with law, expeditiously. 8. The petition is allowed. Order Date :- 17.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench