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NEERAJ TIWARI
Meetu Paruthi – Appellant
Versus
Kushank Paruthi – Respondent
JUDGMENT :
(Neeraj Tiwari, J.)
1. Heard Sri Shantanu along with Sri Raj Kumar Dhama, learned counsel for revisionist and Sri Punit Kumar Gupta, learned counsel for opposite party.
2. Present civil revision has been filed seeking following relief:-
3. At the very outset, Sri Punit Kumar Gupta, learned counsel for opposite party has raised preliminary objection and submitted that against the impugned order, there is remedy to file appeal under the provisions of The Court-fees Act, 1870 (hereinafter referred to as ‘ Act, 1870’).
4. Sri Shantanu, learned counsel for revisionist has objected the submission made by learned counsel fo
Court fees are mandatory for suits involving declarations of void instruments, and the issue of court fees must be resolved before addressing other issues.
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....
The main legal point established in the judgment is the importance of following the prescribed procedure for determining the valuation of the Suit and the payment of court fees, as per the provisions....
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
A declaration of voidness suffices in court fee assessments if the plaintiff is not an executant of the deed, negating the need for cancellation or payment based on market value.
Section 38 will not attract when consideration is not shown in document which is in question.
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