Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1870: ss. 7(iv)(d) 7(v) Court Fees Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Court Fees Act, 1870: ss. 7(iv)(d), 7(v) – Computation of fees payable in certain suits – Valuation of – On facts, suit for mandatory and prohibitory injunction and also for damages for use and occupation of the suit by appellant against the respondent – During the pendency, an application u/or. 7 r.11 CPC filed by the respondent for want of pecuniary jurisdiction on the ground that the value of the suit property is not taken while computing the court fees – Rejected by the trial court, however, the High Court returned the plaint for filing the same in the court of appropriate jurisdiction – On appeal, held: Suit for mandatory and prohibitory injunction is not required to be valued at the market value of the property – It is the nature of relief claimed in the plaint which is decisive of the question of suit valuation– Market value does not become decisive of suit valuation merely because an immovable property is the subject-matter of litigation – Market value of the immovable property involved in the litigation might have its relevance depending on the nature of relief claimed but, ultimately, the valuation of any particular suit has to be decided primarily with reference to the relief/reliefs claimed – On facts, the appellant has valued the reliefs of mandatory and prohibitory injunction at the nominal Rs. 250 but, at the same time, has also valued the suit with reference to the claim of damages at Rs. 1 lakh and had paid the Court fees accordingly–High Court relied only upon the market value of the property to hold the valuation of the present suit to be arbitrary, which does not stand in conformity with law – Thus, the order passed by the High Court is set aside. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 649 |
Petitioner | Bharat Bhushan Gupta |
Respondent | Pratap Narain Verma & Anr |
SCR | [2022] 7 S.C.R. 1156 |
Judgement Date | 2022-06-16 |
Case Number | 4577 |
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