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SANJAY DWIVEDI
BHAGWANLAL SHARMA – Appellant
Versus
GOVERNMENT KAMLA NEHRU KANYA UCHCHATAR MAHAVIDYALAYA, BHOPAL – Respondent
ORDER :
(Sanjay Dwivedi, J.)
By this petition, the petitioner is questioning the validity of the order dated 19-1-2023 (Annexure P/3) passed by the trial Court allowing the application filed by the respondent Nos. 3 and 4 under Order 7 Rule 11 of the Code of Civil Procedure asking relief that since the suit is undervalued, therefore, the plaint be rejected.
2. The trial Court allowed the application and directed plaintiff/petitioner to pay ad-valorem Court fees because he filed the suit for declaration and also for mandatory injunction.
3. As per the facts of the case, the plaintiff/petitioner filed a suit in which he paid the Court fees with respect to the relief of declaration but no Court fees for the relief of mandatory injunction was paid because as per the plaintiff/petitioner, the said relief was consequential in nature. The trial Court while allowing the application observed that the mandatory injunction is not a consequential relief to the declaration, as claimed, and as such separate Court fees is required to be paid by the plaintiff. Accordingly, the trial Court directed the plaintiff/petitioner to pay the separate Court fees in respect of the relief of mandatory injunctio
A mandatory injunction sought in a suit for declaration is an independent claim requiring separate court fees, not merely consequential to the declaration.
In suits for declaratory decrees with consequential relief, fixed court fees apply when no possession is sought, as per Section 7(iv)(a) of the Court Fees Act.
The main legal point established in the judgment is the interpretation of 'consequential relief' under Section 7 (iv) (c) of the Court Fees Act and the limited scope for interference under Article 22....
The main legal point established is that unquantified relief for damages in a civil suit requires ad-valorem court fee according to Section 7(i) of the Court Fees Act, 1870.
The main legal point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
Valuation of suits for declaration with consequential relief must relate to market value and should not be arbitrary, following Section 7(iv)(c) of the Court Fees Act, 1870.
In suits for specific performance, court fees are payable only on the main relief when ancillary reliefs are sought, as per the Rajasthan Court Fee and Suits Valuation Act, 1961.
The main legal point established in the judgment is that the nature of the relief sought in a suit determines the applicable court fee, and if the suit is in fact for recovery of a specified amount o....
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