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RAMESHWAR VYAS
Jamana Lal – Appellant
Versus
Banshi Lal – Respondent
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
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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