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1977 Supreme(Guj) 96

M.P.THAKKAR
STATE OF GUJARAT – Appellant
Versus
KANTILAL PRATAPJI – Respondent


Advocates Appeared: A.H.YAGNIK, A.J.PATEL, V.M.CHOKSI

M. P. THAKKAR, J.

( 1 ) WHEN the plaintiff claims a declaration that the promis sory notes executed by him in favour of the defendant are void the same having been obtained by fraud or coercion without consideration is he liable to pay court-fees calculated on the amount expressed on the face of the promissory notes under Article 7 of Schedule I of the Bombay Court-fees Act 1959 thereinafter referred to as the Act) or whether he is liable to pay fixed court-fees at Rs. 30. 00 under sec. 6 (iv) (j) of the Act? That is the pivotal question in this revisional application preferred by the State of Gujarat calling into question an order passed by the learned Judge presiding over 8th Court of City Civil Court holding that fixed court-fees at Rs. 30. 00 are payable and not ad valorem court-fees on the basis of the amount expressed on the face of the promissory notes. Reliance has been placed by the learned trial Judge and by the learned counsel for the opponent plaintiff on Inderlal Panwarmal v. Khialdas Shewaram and Others 11 G. L. R 948 in order to buttress the view which has been taken viz. that court-fees payable are fixed court-fees on the basis of sec. 6 (iv) (j) and not ad valorem a






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