2012 Supreme(SC) 813
K.S.RADHAKRISHNAN, DIPAK MISRA
SHAILENDRA BHARDWAJ – Appellant
Versus
CHANDRA PAL – Respondent
Judgement Key Points
- The suit sought a declaration that a forged will dated 21.3.2003 and a sale deed dated 12.1.2005 were null, void, and invalid, along with their cancellation and notification to the Registrar's office, costs, and other reliefs as deemed fit. [1000521130012] (!) (!) [1000521130002]
- Suit property valued at Rs.30,00,000/- for pecuniary jurisdiction; fixed court fee of Rs.200/- paid under Article 17(iii) of Schedule II of the Court Fees Act. [1000521130003]
- Trial court held that court fee should be paid as per Section 7(iv-A) of the U.P. Amendment Act (Act XIX of 1938); High Court concurred and dismissed appeal. [1000521130003]
- Article 17(iii) of Schedule II applies to declaratory decrees where no consequential relief is prayed and not otherwise provided for by the Act. [1000521130008] (!) (!) (!) (!) (!) (!)
- Section 7(iv-A) of U.P. Amendment Act applies to suits for or involving cancellation or adjudging void/voidable a decree for money/property or instrument securing money/property of such value; court fee computed according to subject-matter value (full value if plaintiff/predecessor party to instrument; one-fifth if not). (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) [1000521130006][1000521130008]
- Since suit involved cancellation/declaration as void of will (post-testator's death) and sale deed affecting property, Section 7(iv-A) U.P. Amendment Act applies despite no consequential relief claimed; Article 17(iii) Schedule II not applicable. [1000521130008][1000521130010]
- U.P. amendment to Article 17(iii) adds "not otherwise provided by this Act," excluding cases covered by other provisions like Section 7(iv-A). [1000521130010]
- Suits Valuation Act, 1887 as amended in U.P. (Act 7 of 1939) requires valuation for jurisdiction at market value of property involved/affected. [1000521130007] (!) (!) (!) (!) (!)
- Appeal dismissed; courts below correctly directed ad valorem court fee under Section 7(iv-A) U.P. Amendment Act. [1000521130001][1000521130008][1000521130011] (!)
JUDGMENT
K. S. Radhakrishnan, J.-Leave granted.
2. The short question that has come up for consideration in this case is whether a suit filed seeking a declaration that a will and a sale deed are void, resulting their cancellation, will fall under Section 7(iv-A) of the Court Fees Act, 1870, as amended by the U.P. Amendment Act (Act XIX of 1938) [for short ‘the U.P. Amendment Act’] or Article 17(iii) of Schedule II of the Court Fees Act, 1870 for the purpose of valuation.
3. Civil Suit No. 230 of 2006 was filed before the Court of the Civil Judge, Hathras, U.P. seeking the following reliefs:
“(A) Decree may be passed in favour of the plaintiffs and against the defendants, declare null and void and invalid of the forged will dated 21.3.2003 and sale deed dated 12.1.2005 and cancel and its information sent to the office of Registrar Hathras.
(B) That the cost of the Suit may be decreed in favour of the plaintiff and against the defendants.
(C) That any other cost which may deem fit by the Hon’ble Court in favour of the plaintiff and against the defendants in the interest of Justice.”
4. The suit property was valued and the cost of the property was fixed at Rs.30,00,000/- and the Cou
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