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Results of court fee in partition suit

Showing : 1-10 of 23 Results

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Court Fees Act, 1870, Section 7(viA) -- Court Fee - Partition suit - Defendant not denied the possession of plaintiff - Question of Court fee in accordance with S.7(vi-A) of the Act, would arise only when plaintiff's possession is denied - Since there was no denial by defendant as neither an affidavit in support of objection regarding deficiency of Court fee nor any..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Partition suit - Where plaintiff claims to be in possession of suit property, no ad valorem Court fee is required to be affixed, as every co-sharer is by legal fiction deemed to be owner in possession of every part of property...........

DELHI HIGH COURT

Year of decision: 2016
Details

Court Fees Act, 1870, Article 17(vi) -- Court fees - Partition suit - Where a joint possession is pleaded by plaintiff in the partition suit on the basis that he/she is a co-owner in law, then Court fee payable u/art 17(vi) of Sch.II of Act is on the presumption of joint possession of plaintiff even if he/she is not in actual possession...........

DELHI HIGH COURT

Year of decision: 2016
Details

Court Fees Act, 1870, Section 7 -- Ad valorem Court fees - Partition suit - Plaintiff continues to be joint owner of suit properties - There is no averment in plaint to suggest ouster or exclusion - Since plaintiff is in constructive possession of suit properties, therefore, she is not entitled to pay ad valorem Court fee...........

MADHYA PRADESH HIGH COURT

Year of decision: 2016
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Ad voleram Court fee - Suit for declaration of partition deed to be null and void - Partition deed in question is registered document and plaintiff is party to the said deed - Plaintiff held, required to pay and affix ad voleram Court fee u/s 7(iv)(c) of Act...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect in valuation of suit -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Court Fees Act, 1870, Section 7(iv)(b), Article 17(6) - - Court fees - Partition suit by one of the co-owners - For the purpose of assessment of court fee, pleadings in the suit have to be seen - Possession of joint property by one co-owner, is in the eyes of law, possession of all even if but one are in actual physical possession - Every co-sharer is deemed to be in..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2015
Details

Partition suit -- Court fee - Simple suit for partition by metes and bounds - Court fees is payable to extent of share claimed, and not on basis of valuation of entire property...........

Showing : 1-10 of 23 Results