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1969 Supreme(All) 97

S.N.DWIVEDI, S.D.KHARE, G.C.MATHUR, S.N.SINGH, J.S.TRIVEDI, H.N.SETH, HAMID HUSAIN
Chief Inspector of Stamps, U. P. Allahabad – Appellant
Versus
Mahanth Laxmi Narain – Respondent


Advocates:
Gopi Nath, for Applicant; C.B. Misra, for Opposite Parties.

Judgement

G. C. MATHUR, J. :- The main question for determination in these cases is whether the two suits, out of which the special appeals and the civil revision arise, are covered by sub-section (iv) (a) of Section 7 of the Court-fees Act, as amended in U. P. In both the suits, reliefs for declaration and injunction have been prayed for. The contention of the Chief Inspector of Stamps is that both the suits are to obtain declaratory decrees where the consequential relief of injunction has been prayed for and are, therefore, governed by sub-section (iv) (a) of Section 7 of the Act. According to him, since the consequential relief in both the suits is with reference to immovable property, court-fee has to be paid on the full value of the immovable property. The plaintiffs in the two suits, on the other hand, say that the injunction prayed for is not a consequential relief to the declaratory relief and the suits are not governed by sub-section (iv) (a). According to them they are liable to pay a fixed court-fee under Art. 17(iii) of Schedule II on the relief of declaration and a separate court-fee under sub-section (iv-B) (b) of the Section 7 on the relief of injunction on one-tenth




























































































































































































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