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1971 Supreme(Del) 193

V.S.DESHPANDE
ONKAR AND NATH – Appellant
Versus
RAMESHWAR DASS – Respondent


Advocates Appeared:
A.B.LAL, D.N.Raizada

V. S. DESHPANDE, J.

( 1 ) SECTION 7 (iv) (c) of the Court Fees Act as amended by the Court Fees (Punjab Amendment) Act, 1953 as extended to Delhi runs as follows :-

"7. The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :- ** ** ** (iv) In Suits- ** ** ** (c) to obtain a declaratory decree or order, where consesequential relief is prayed, ** ** ** according to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In all such suits the plaintiff shall state the amount at which he values the relief sought : Provided that the minimum court-fee in each case shall be thirteen rupees. Provided further that in suits coming under sub-clause (c) in cases where the relief sought is with reference to any property such valuation shall not be less than the value of the property calculated in the manner provided for by clause (v) of this section. "

( 2 ) IT is common ground between the parties that in a former suit jointly filed by the appellant and the Respondent Mo. I against the Respondents 2 to 6, a compromise decree was passed according to which the appellant and Respondent No. 1 jointly in one year a
















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