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ANUP JAIRAM BHAMBHANI
Sandeep Kapur – Appellant
Versus
Janak Kapur – Respondent
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
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
The main legal principle established in the judgment is the distinction between the court fee payable for a suit for declaration of sale deed by a Plaintiff who is a party to the sale deed and a Plai....
The main legal point established in the judgment is the determination of court fees for a suit challenging gift deeds based on the value of the properties mentioned in the gift deeds and the nature o....
Court fees are mandatory for suits involving declarations of void instruments, and the issue of court fees must be resolved before addressing other issues.
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
A declaration of voidness suffices in court fee assessments if the plaintiff is not an executant of the deed, negating the need for cancellation or payment based on market value.
The main legal point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
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