Rajasthan Court Fees & Suit Valuation Act, 1961–Sec. 24–Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of application–Justification–Bare perusal of the pleadings of plaint shows that the plaintiff built up a case for declaration of the sale deed to be void with a specific averment that he is not the executant of the said document whereas it has been argued by the petitioners before this Court that although the relief prayed for in the plaint is to be termed to for declaration, the same fact is for cancellation which can be very well be concluded from the reading of the plaint as whole–This Court is of the opinion that the present matter would not be governed by Clause (e) of Sec. 24–Whether the matter is governel by Sec. 24(b), (d) or Sec. 38, specific findings are required to be recorded on the issues that whether the present suit is for cancellation or declaration, whether the plaintiff can be termed to be the executant of the sale deed or not, and whether any consequential relief has been prayed or not ?–Impugned order set aside and matter remanded back for deciding the issue of Court Fees afresh.
