JUDGMENT

anup Jairam Bhambhani J. - I.a. No.10578/2021

1. By way of the present application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) the defendants seek rejection of the plaint on the ground that insufficient court fee has been affixed on the plaint. The defendants also seek rejection of the plaint in view of the provisions of section 34 of the Specific Reliefs act, 1963 alleging that the plaintiff is thereby seeking the relief of mere declaration with no consequential relief, which is impermissible in law.

applicant/Defendants' submissions:

2. Mr. S.C. Singhal, learned counsel appearing for the defendants, submits that the plaintiff has not paid proper court fee on the plaint inasmuch as in para 57 of the plaint, the suit has been valued for the relief of declaration in relation to two relinquishment deeds at Rs.400/- and for purposes of jurisdiction at Rs.4,50,00,000/- but court fee of only Rs.1,100/- has been affixed on the plaint. It is Mr. Singhal's contention that since the plaintiff values the suit for purposes of jurisdiction