Back
VISHAL MISHRA
Omprakash Sahu – Appellant
Versus
Dilip Kumar Sahu – Respondent
JUDGMENT :
Vishal Mishra, J.
With the consent of the learned counsel for the parties, the matter is finally heard.
1. The present petition is being filed under Article 227 of the Constitution of India challenging the order dated 22.12.2020, whereby the application filed under Order 7 Rule 11 of CPC has been allowed and the petitioners have directed to pay the ad valorem court fees on the civil suit filed by them.
2. It is pointed out that the civil suit was filed by the petitioners for seeking declaration and injunction with respect to the property in question and also for declaring the Will dated 22.1.2019 as null and void as against the plaintiff/petitioners. The suit was valued for Rs. 1,01,000/- for declaration and injunction and accordingly the fixed court fees was paid. It is pointed out that the valuation of the court fees is required to be done only on the basis of pleadings of the plaint and the nature of reliefs sought. It is argued that the petitioners have sought for the following reliefs in the civil suit:
v- ;g ?kksf"kr fd;k tkos fd eFkqjks ckbZ ifRu Lo0 Jh uRFkw yky lk
Relief of mandatory injunction needs to be valued separately and requires ad valorem court fees, as it is not necessarily consequential to a declaration.
A mandatory injunction sought in a suit for declaration is an independent claim requiring separate court fees, not merely consequential to the declaration.
The main legal point established in the judgment is the determination of court fee payable in a suit for declaration of joint ownership and consequential relief of possession, where the sale deeds ar....
Non-executant plaintiffs challenging validity of sale deeds must pay ad valorem court fees due to lack of possession.
Plaintiffs, as executants of sale deeds, are required to seek cancellation of the deeds and affix ad-valorem court-fee as per the sale consideration mentioned in the deeds, even when seeking a declar....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
