Neutral Citation No. - 2025:AHC-LKO:17054 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1356 of 2022 Petitioner :- Smt. Sneh Varma Thru. Her Authorised Representative Shri Arjun Singh Respondent :- Additional District Judge 17, Lucknow And Others Counsel for Petitioner :- Pritish Kumar,Shantanu Gupta Counsel for Respondent :- Vidya Dhar Upadhyay, Puneet Chandra, Ratnesh Chandra, Vikas Sharma Hon'ble Pankaj Bhatia,J. I.A. No. 7 of 2023 and I.A. No. 8 of 2023 1. The application for substitution along with the delay condonation application have been filed alleging that the sole petitioner had died and the applicant claims as a right of representation based upon the registered Will in his favour. 2. Without going into the other contentions, both the applications are allowed. 3. The applicant is permitted to contest the proceedings as a petitioner. Order on Main Petition 4. The present petition has been filed challenging an order dated 10.01.2022 whereby, the revision was remanded with direction to decide the matter afresh. 5. The facts are that a suit was filed by the petitioner (now deceased). In the said suit, after exchange of pleadings, two issues were framed amongst the other issues, the issue no. 6 and 7 were framed with regard to the valuation of the suit and the court fees paid. While deciding the said two issues, the trial court held that the plaintiff should pay the proper court fees. With regard to issue no.6, it was observed that as was agreed in between the parties with regard to acceptance that the court fees paid was not sufficient, directions were issued for payment of the court fees. 6. It is informed by the counsel for the petitioner that the court fees was paid in pursuance to the said directions. It is further argued that against an order of deficient court fees, an appeal lies under section 6-A of the Court Fees Act, however, a revision was filed by the defendant. 7. In the order impugned, it was recorded that although a revision is not maintainable, however, as the revision was admitted, the legal issues were decided. 8. Considering the fact that the court fees has already been paid, as admitted in between the parties, all the other issues should be decided by the trial court in accordance with law after giving an opportunity of hearing expeditiously. The defendant would be entitled to press the issue no.6 once again, however, it is directed that all the issues shall be decided simultaneously including the issue no.6. The substitution application shall also be decided simultaneously along with the other issues. 9. As the suit is of the year 2017, it is directed that no unnecessary adjournments shall be granted to either of the parties. In case any adjournment is sought unnecessarily, the same shall be allowed on payment of cost of Rs.5000/- (Five Thousand) per day. 10. With these observations, the writ petition stands disposed off. Order Date :- 25.3.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench