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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Mr. Rameshwar Vyas, J.
Jamana Lal & Ors. – Appellant
Versus
Banshi Lal & Ors. – Respondent
S.B. Civil First Appeal No. 392/2019
Decided On : 15-03-2022
Court Fees - Appeal - Interpretation of Section 35(1) of the Rajasthan Court Fees And Suits Valuation Act, 1961
Fact of the Case:
The plaintiff-respondents sought dismissal of the appeal filed by the defendant for non-payment of requisite court fees. The defendant challenged the preliminary decree of partition in favor of the plaintiffs by filing the appeal with insufficient court fees.
Finding of the Court:
The court held that the defendant-appellants cannot be permitted to file the appeal with insufficient court fees, as the provisions relating to determination and levy of court fee on plaint in suits shall apply mutatis mutandis to the determination and levy of court fee in respect of a memorandum of appeal.
Issues: Non-payment of requisite court fees for filing the appeal, interpretation of Section 35(1) of the Act of 1961
Ratio Decidendi: The court applied the principle that the same provisions for determining and levying court fees on the plaint filed by the plaintiff-respondents should apply to the determination and levy of court fee on the subject matter of the appeal.
Final Decision: The defendant-appellants were directed to pay the requisite court fee within a period of two weeks.
JUDGMENT
1. The matter comes upon an application (1/2020) under Section 151 Code of Civil Procedure filed by the plaintiffrespondents seeking dismissal of the present appeal filed against him by the defendant for non-payment of requisite court fees.
2. As per contention of the learned counsel for the plaintiff-respondents, vide judgment and decree dated 1.6.2019 learned trial below has passed the preliminary decree of partition in favour of the plaintiffs. Defendan-Appellants have challenged the said judgment and decree by way of filing the present appeal. The said appeal could have been admitted only after depositing of requisite court fees, whereas, the appellant has paid only Rs.235/-. In the impugned judgment and decree, plaintiffrespondents were directed to pay court fee of Rs.39,375/- under the provisions of Section 35(1) of the Rajasthan Court Fees And Suits Valuation Act, 1961 (herein afterwards referred to as ’the Act of 1961’). However, appellant-defendant has filed the appeal on insufficient court fees.
3. Heard the learned counsel for the parties and perused the material available on record.
4. Since, the defendant-appellants in this appeal have challenged the judgment and decree dated 1.6.2019 passed in favour of the plaintiff-respondents, as per the provisions of Section 15 of the Act of 1961, the provisions relating to determination and levy of court fee on plaint in suits shall apply mutatis mutandis to the determination and levy of court fee in respect of a memorandum of appeal. Since, in the present case, plaintiff was required to pay court fees in accordance with the provisions of Section 35(1) of the Act of 1961 on the market value of the plaintiff’s share in the property, hence, defendant -appellants cannot be permitted to file this appeal only on Rs.235/-. The same principle will apply while determining the valuation and levy of the court fee on the subject matter, as was applicable while determining the court fee on the plaint filed by the plaintiff - respondents.
5. In view of above, the defendant-appellants are directed to pay requisite court fee within a period of two weeks.
6. The application (No.1/2020) stands disposed of.
AI
The court applied the principle that the provisions for determining and levying court fees on the plaint in suits also apply to the determination and levy of court fee in respect of a memorandum of a....
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
In a partition suit, if the plaintiff pleads co-ownership and joint possession, only fixed Court Fees are payable, and there is no need to pay ad-valorem fees unless there is a clear case of ouster o....
In partition suits, fixed Court Fees apply when co-ownership is asserted, independent of actual possession unless ouster is established.
The determination of court fees payable in a partition suit is governed by the plaintiff's possession of the suit properties, as per the provisions of the Court Fees Act.
: Mesne profits in a suit for partition are part of the corpus available for division and need not be separately valued for court fee purposes.
The issue of proper court fees being paid is essentially an issue between the plaintiff and the State, and the defendant cannot be termed as an 'aggrieved party' to invoke the revisional jurisdiction....
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