LAJ KHOSLA Vs. RANDHIR KHOSLA

JUDGEMENT

(1.) By this order, I would be disposing of an office objection by the Registry with regard to Court fee and valuation. Plaintiff had instituted a suit for declaration and injunction. Byorderdated 29.3.1995 the suit was directed to be registered subject to objection on Court fee. The objection being that the value for Court fee on the relief of declaration ought to be the same as that for pecuniary jurisdiction and Court fee needs to be paid ad valorem, while the plaintiff had paid fixed Court fee.

(2.) The office objection emanates on the ground that the plaintiff had sought a declara tion and also an injunction. The suit was, therefore, one for declaration with consequential relief, falling undersection 7(iv)(c) of the Court Fee Act on which ad valorem Court fee was payable. Section 7(iv)(c) of the Court Fee Act is attracted when the other relief sought, in addition to the relief of declaration, are consequential to the relief of declaration.

(3.) In the instant case, the relief of injunction is independent of the relief of declaration and are exigible to payment of separate Court fee, i.e. fixed Court fee, ' by virtue of Article 17(iii) of Schedule II to the Court Fee Act and Court fee for injunction under Section 7(iv)(d) of the Court Fee Act.