SANDEEP KAPUR Vs. JANAK KAPUR

JUDGEMENT

(1.) I.A. No.10578/2021 : By way of the present application under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure, 1908 (CPC) the defendants seek rejection of the plaint on the ground that insufficient court fee has been affixed on the plaint. The defendants also seek rejection of the plaint in view of the provisions of sec. 34 of the Specific Reliefs Act, 1963 alleging that the plaintiff is thereby seeking the relief of mere declaration with no consequential relief, which is impermissible in law.

(2.) Mr. S.C. Singhal, learned counsel appearing for the defendants, submits that the plaintiff has not paid proper court fee on the plaint inasmuch as in para 57 of the plaint, the suit has been valued for the relief of declaration in relation to two relinquishment deeds at Rs.400.00 and for purposes of jurisdiction at Rs.4,50,00,000.00 but court fee of only Rs.1,100.00 has been affixed on the plaint. It is Mr. Singhal's contention that since the plaintiff values the suit for purposes of jurisdiction at Rs.4,50,00,000.00, it was incumbent upon the plaintiff to pay ad-valorem court fee on the said sum, which would be Rs.4,39,200.00 instead of paying only Rs.1,100.00. Counsel contends that for this reason alone, the plaint is liable to be rejected. Furthermore, it is contended by Mr. Singhal that the suit is also barred by sec. 34 of the Specific Relief Act, since the plaintiff has sought a decree merely of declaration without seeking any consequential relief.

(3.) Mr. Rajeev K. Virmani, learned senior counsel instructed by Mr. Shivek Trehan, learned counsel for the plaintiff, appearing on advance copy, opposes the issuance of notice on the present application, submitting that the application is wholly meritless and is a misuse of the process of law, having been filed only to delay proceedings in the suit.