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Shrinath Chandra Pramanick v. Secretary Of State For India In Council

Shrinath Chandra Pramanick
v.
Secretary Of State For India In Council

(High Court Of Judicature At Calcutta)

No. | 20-12-1909

[1] No one appearing for the Opposite Party, we think that these Rules must be made absolute; The order of the lower; Court, appears to be incorrect, having Regard to the provisions of Section 7 Sub-section (4), Clause (c) of the Court Fees Act. In these suits, not only is a declaratory decree sought but consequential relief by amendment of the record-of-rights is also asked for. In such cases, the Court-fees, in terms of that section, must be determined by the amounts at which the reliefs sought are valued is the plaints and not at the sum of ten rupees required for a declaratory decree. We, therefore, direct that the order complained of be set aside and the cases sent back to the lower Court for re-admission after it has determined the amounts at which the reliefs sought are to be valued and after the institution fees or those valuations have been paid. We make no order as to costs.

Advocates List

For the Appearing Parties -------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE BRETT

HON'BLE MR. JUSTICE SHARUFUDDIN

Eq Citation

5 IND. CAS. 141

LQ/CalHC/1909/496

HeadNote

Court Fees Act, 1870 — S. 7(4)(c) — Suit for declaratory decree and consequential relief by amendment of record-of-rights — Court-fees — Determination of — In such cases, court-fees, in terms of that section, must be determined by amounts at which reliefs sought are valued in plaints and not at sum of ten rupees required for a declaratory decree — Civil Procedure Code, 1908, Ss. 42 and 34

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