Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
Kerala Court Fees and Suits Valuation Act, 1959, Section 25(d)(i) -- Court fee - Suit for declaration or cancellation of document - When cancellation or declaration of a document is null and void is sought, Court fee shall be paid valuing the same on the basis of value shown in the document...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Money suit - Valuation for purposes of jurisdiction and relief has to be same in the money suits falling under category S.7(i) of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate correct valuation and Court fee payable - Same ought to have been allowed so as to facilitate curing defect in the suit - Munsiff Court directed to consider the amendment application and pass orders before staring trial...........
Court Fees Act, 1870, Section 7(viA) -- Court fee - Partition suit - Suit instituted by plaintiff and valuation of suit as made by her was appropriately valued as per trial Court after calling for a report from Amin - No error found in said judgment of trial Court - However, subsequently when parties lead their evidence, superior appellate Court or revisional Court comes..........
Court Fees Act, 1870, Section 7 -- Suit for permanent injunction and restoration of possession - Deficient Court fee - Suit dismissed by trial Court on the ground that relief of recovery of possession has not been valued properly and no Court fees has been paid for the same - However, Court ought to have granted time to plaintiff to correct valuation - Findings of Courts..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation of suit - Such plea can be gone into when defendant raises such a plea in the written statement and if any determination is made against plaintiff and Court fee is not paid, then provision of S.7.R.11(b) CPC comes into force - Prior to said stage, it cannot be said that plaint is liable to be..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - `Formal defect' is a defect of form prescribed by rules of procedure such as want of notice u/s 80 CPC, improper valuation of suit, insufficient Court fee, confusion regarding identification of suit property, misjoinder of parties, failure to disclose a cause of action etc...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change valuation of suit when plaintiff was asked to value suit on market value of suit property and to pay Court fee accordingly - Plaintiff instead of complying the order sought amendment of plaint - Plaintiff cannot be permitted to change his stand - Trial Court dismissed..........
