Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was liable to pay ad valorem..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration claiming relief of joint possession - Even if it is taken that suit is for possession but since plaintiff was non executant of impugned sale deeds, his case is covered u/s 7(iv)(c) of the Act - Plaintiff is not required to affix ad valorem Court fee, as per consideration of the impugned sale deeds...........
Court Fees Act, 1870, Article 17(3) -- Sale deed - Challenged to be null and void - Court Fee - Plaintiff in possession of property in dispute and not party to the sale deed - Held, Court fee is payable under Article 17(iii) of Second Schedule of the Act...........
Civil Procedure Code, 1908, Section 6 -- Pecuniary jurisdiction - Dispute relating adjustment of account - Plaintiff sought adjustment of Rs.18 lacs in account, by way of mandatory injunction - It amounts to seeking claim of Rs.18 lacs - Plaintiff wrongly valued suit as Rs.100/- for declaration and Rs.100/- of injunction, when actual relief claimed was Rs.18 lacs - Court..........
Court Fees Act, 1870, Section 7(iv)(c) -- Plaintiff filed suit seeking annulment of gift deed and sale deed to which he was not a party - Relief of possession not sought as plaintiff already in possession of property in dispute - Consequential relief of injunction was claimed - Held, plaintiff not required to pay ad-valorem court fee on the amount of consideration of gift..........
Civil Procedure Code, 1908, Section 151, Limitation Act, 1963, Section 5 -- Plaint filed without paying Court fee - Representation of plaint - Condonation of delay - Held, parameters for condonation of delay in application filed u/s 5 of the Limitation Act cannot be applied with the same vigor for condonation of delay in a representation, filed u/s 151 CPC - All the same,..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Challenged as null and void - Plaintiff when not a party to the sale deed and also not seeking possession, is not required to pay ad-valorem court fee but where the plaintiff is seeking cancellation of sale deed along with consequential relief of possession, he is required to pay ad-valorem court fee...........
Civil Procedure Code, 1908, Order 33, Rule 14, Tamil Nadu Revenue Recovery Act, 1864, Section 52 -- Recovery of amount of Court-fees - Petitioner directed to pay arrears of Court fee with default clause entailing action under the Act of 1864 to recover the amount - Held, defaulted Court fee can be recovered treating same as land revenue by making resort to provisions of..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration as well as joint possession over the joint Hindu Family Coparcenary property - No prayer for cancellation of sale deed - Plaintiff not executant of sale deed - Ad valorem Court fee is not payable - Moreover S.7(iv)(b) of the Act also exempts the payment of ad valorem Court fee where a share in joint Hindu..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Held, as per O.7.R.11(b) CPC, when relief claimed in a suit is undervalued and plaintiff, on being required by Court to correct valuation within a time to be fixed by Court, fails to do so, the plaint could be rejected - However, without providing time to pay the deficit court-fee Court below could not..........
