Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2) -- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2), proper...........
Court Fees Act, 1870, Section 7 -- Partition suit by purchaser - Court fee - Held, purchaser has the right to sue for partition - No ad valorem court fee is payable...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree - Partition suit - Compromise petition has been recorded and for payment of court fee and for passing final decree - Further, case was adjourned to various dates - Thereafter, suit was dismissed for default for no, payment of court fees - Legality of - Held,..........
Suit for partition -- Court fee - Fixed Court fee is to be paid as possession of one of the co-sharer is possession on behalf of all the co-sharers...........
Court Fees Act, 1870, Article 17(vi) -- Schedule II - Partition - Court fee - In a suit for partition if joint possession is pleaded by plaintiff then fixed Court is payable - Prima facie when plaintiff is excluded from joint possession to which he is entitled in law then fixed court fee is payable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partition suit - Withdrawal of suit - In partition suit even defendants can seek separate possession of their share by paying necessary Court fee and in case of withdrawal of suit they can seek to transpose themselves as plaintiffs and continue suit - Where defendant has sought separate possession and paid necessary court..........
Court Fees Act, 1870, Article 7(iv)(b) -- Sch II - Suit for partition - Plaint showing property in exclusive possession of defendant - No claim of joint possession - Court fee to be paid on the value of share claimed...........
Hindu Law -- Partition - Suit not to be dismissed even when plaintiff fails to establish his case - Court can adjudicate upon rights of defendants and pass a suitable decree in their favour subject to payment of Court fee etc...........
