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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN
D. Rajagopal S/o Late Duraisamy Chettiar – Appellant
Versus
S. Jeyaprakash – Respondent
| Table of Content |
|---|
| 1. context of the testamentary suit (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on court fees assessment (Para 6 , 10 , 11 , 12 , 18 , 19 , 20) |
| 3. court's analysis on fee procedures (Para 21 , 22 , 23 , 26 , 29 , 30 , 31) |
| 4. legislative authority on valuation concerns (Para 36 , 37 , 38 , 39 , 40) |
ORDER :
1. This Application has been filed by the 2nd defendant in T.O.S.No.10 of 2023 under Order II Rule 3 of ORIGINAL SIDE RULES read with Sections 7 and 11 and Article 11(k) of Tamil Nadu Court Fees and Suit Valuation Act, 1935 and read with Section 151 CPC seeking a direction to conduct an enquiry to determine the actual market value of the estate of late V.Alameluammal as prevailing on the date of registration of O.P.No.715 of 2013 into a Tetstamentary Original Suit in T.O.S. No.10 of 2023 and direct the plaintiff to pay appropriate Court fees, failing which to dismiss the suit in case of non- payment of such appropriate Court fees.
2. Even before examining the affidavit filed in support of the Judges Summons, it must be stated that, O.P.No.715 of 2013 had been filed by the 1st respondent herein S.Jayaprakash under Sections 232 and 276 of Indian SUCCESSION ACT , 1925 seeking gra
Court fees determination for testamentary matters follows the Tamil Nadu Court Fees Act and is primarily governed by the procedure involving the Collector, distinguishing it from civil suits and ensu....
The court affirmed the distinction between court fee assessments for testamentary suits versus civil suits, placing valuation authority with the Collector as per specific statutory provisions.
The court established that the valuation of an estate in testamentary matters must be determined by the Collector, and the court fees payable are contingent upon this valuation, ensuring compliance w....
Section 55 of Court Fees Act mandates that every application for probate or letters of administration is to be accompanied by a valuation of estate in the form set forth in Part-1 of schedule III of ....
An appeal against the Master’s order regarding court fees is not maintainable as per Order XIV Rule 12 of the Madras High Court Original Side Rules, 1994.
A defendant must file a written statement to dispute the plaintiff's valuation; reliance on external valuation certificates by the court is an improper basis for rejecting a plaint.
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
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