JUDGMENT :

Sanjeev Sachdeva, J.

I.A. 5746/2022 (condonation of delay)

The Supreme Court by its orders 23.03.2020, 27.04.2021 and 10.01.2022 in Suo Motu Writ Petition (Civil) No. 3 of 2020 had suspended the period of limitation in view of the ongoing pandemic. Accordingly, the delay in filing is condoned. Application is disposed of.

I.A. 5745/2022

1. By this application, plaintiff seeks a declaration that the Court fee paid on the plaint is not deficient.

2. Plaintiff had filed the subject suit for partition, declaration, permanent and mandatory injunction and rendition of accounts. The Suit has been decreed on 01.10.2020.

3. An issue has been raised by the Registry contending that the Court fee paid on the Plaint is deficient by Rs. 5,87,485/-. The calculation of the Court fee has been placed in the office notings. The registry has calculated the Court fee on the relief of partition at one-third of Rs. 18 crores i.e. Rs. 6 crores being the share of the plaintiff in the suit properties.

4. Plaintiff had filed the Suit inter alia claiming a preliminary decree of partition of the suit properties and declaring the Plaintiff to be an owner of 1/3rd share of the suit properties. Plaintiff had fu