IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 361 of 2005. [O&M] Date of Decision: 8th July, 2009. Smt. Prem & Anr. Petitioners through Mr. Mukesh Yadav, Advocate Versus Smt. Santosh & Anr. Respondents through None. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) This Revision Petition is directed against the order dated 7.1.2005 passed by learned Additional Civil Judge [Junior Division], Gurgaon whereby the petitioner – plaintiffs have been directed to pay advalorem court fee on the civil suit filed by them. It transpires that the petitioners, who are two sisters, have filed a suit for declaration with consequential relief of permanent injunction, inter-alia, alleging that the “Release Deed No. 663” dated 11.7.2003 alleged to have been executed by their father – defendant No. 2 in favour of another sister – defendant No. 1 is null and void and not binding on their rights in the suit land which is ancestral. Learned trial Court has observed that since the petitioners have sought cancellation of a registered instrument, they are liable to affix advalorem court fee keeping in view the substantive relief sought in the suit. This Court, while issuing notice of motion, stayed operation of the impugned order on 18.1.2005 and directed the trial Court to proceed with the case. Having heard learned counsel for the petitioner, I am of the considered view that the impugned order can not sustain in law. The petitioners have primarily sought a declaration of their title and interest in the ancestral property. Since the said right is sought to be affected by executing a Release Deed, the declaration regarding the said instrument being void ab-initio or having no bearing on the rights of the petitioners, is a mere consequential relief. The revision petition is accordingly allowed and the impugned order dated 7.1.2005 is set aside. July 08, 2009. ( SURYA KANT ) dinesh JUDGE