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2024 Supreme(Raj) 1067

PANKAJ BHANDARI, BHUWAN GOYAL
Devnarayan Sharma – Appellant
Versus
Ramphool – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sandeep Jain, Mr. Manoj Bhardwaj, Mr. Rahul Kamwar, Mr. Alok Chaturvedi, Mr. Maneesh Sharma, Mr. Lakshya Pareek, Mr. Shreyansh Sharma, Mr. Nakul Kaushik, Mr. Rajesh Chaturvedi, Mr. Pankaj Agarwal, Mr. Pankaj Kumar, Mr. Anish Bhadala, Mr. O.P. Mishra, Mr. Rohitash Kumar, Mr. Tapish Saraswat, Ms. Meeta Pareek, Mr. Prashant Sharma, Mr. Abhilesh Sharma, Mr. Vimal Kumar Jain, Mr. Gaurav Jain, Mr. Rohitash Saini, Mr. Divanshu Gupta, Mr. Rajesh Sharma, Ms. Subhi Gaur and Mr. Farooq Ahmed Advocates.
For the Respondents:Mr. Basant Singh Chhaba, AAG with Mr. Hardik Singh and Mr. Praveen Kumar Jain Advocates.

JUDGMENT :

(Pankaj Bhandari, J.)

In view of conflicting judgments by different single benches of this Court, learned Single Judge referred the following question for authoritative pronouncement by a Larger Bench

    'Whether the plaintiffs would be required to pay court fee in terms of proviso to Section 6(1) of the Rajasthan Court Fee and Suits Valuation Act, 1961 only on the value of the main relief and not on the basis of aggregate value of the different reliefs?"

2. Vide order dated 16.10.2019, on request of learned counsel for the parties, the questions to be answered in the present matter, were re-framed in the following terms:-

    "1. Whether the plaintiffs shall be required to pay the court fee on the aggregate value of the distinct and separate reliefs claimed in the plaint as per Section 6(1) of the Rajasthan Court Fee and Suits Valuation Act, 1961 or whether relief prayed for declaring the sale deed as null and void being only ancillary to the main relief of specific performance of the agreement to sale, the court fee would be required to be paid only on the main relief as per proviso to Section 6(1) of the said Act?

    2. Whether in a suit for specific relief with the prayer for de

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