AMRENDRA SINGH Vs. RAM SINGH

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal, preferred under section 104 of Code of Civil Procedure, 1908, read with Section 6A of the Court Fees Act, 1870, is directed against the order dated 23.06.2012 passed by learned Civil Judge (Sr. Div.) Nainital, in Civil Suit No. 103 of 2010, whereby said court has decided issue no. 5 relating to valuation of court fee of the suit, and held that the court fee paid by the plaintiff (present appellant) is insufficient and he was directed to amend the plaint and pay the court fee in accordance with the law.

(3.) FROM the above provision it is clear that for cancellation of an instrument in which the plaintiff or his predecessor is in title was not the party, the plaintiff is required to pay court fee on the one -fifth of the market value of the subject matter (in the present case immovable property). Admittedly, the plaintiff has not paid court fee in accordance to provision of Section 7(iv -A) of The Court Fees Act, 1870. The trial court has rightly held that the valuation and the court fee paid in the plaint is insufficient.