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1962 Supreme(Ker) 338

T.C.RAGHAVAN
Narayani Amma – Appellant
Versus
Lakshmikutty Amma – Respondent


ORDER

T.C. Raghavan, J.

1. The question involved in this Civil Revision Petition relates to court fee.

2. Prayer A in the plaint is that the plaintiff be declared the sole heir of Achuthan Nair after his death and that the documents mentioned in paragraphs 7 and 8 of the plaint, which have been brought into existence by the fraud of the defendants to show otherwise, be declared null and void. Prayer B is to the effect that, if necessary, the aforesaid documents may be cancelled. For relief covered by prayer A the plaintiff has paid a fixed court fee of Rs. 10/- for declaration. She has also valued that relief at Rs. 10,000/-. Relief B has been valued at Rs. 100/-and ad valorem court fee thereon has also been paid. The learned Subordinate Judge has said that relief B, being a consequential relief consequent on prayer A, should have been valued at Rs. 10,000/- and the plaintiff has been directed to pay court fee on Rs. 10,000/- for relief B.

3. Mr. T. S. Venikteswara Iyer, the learned counsel of the petitioner, points out that the valuation of Rs. 10,000/- in prayer A is not for the purpose of court fee, but only for the purpose of jurisdiction. He also urges that the valuation for the p

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