VINUBHAI GARBADDAS PARMAR Vs. ARVINDBHAI ISHWARBHAI PARMAR

JUDGEMENT

(1.) The petitioners herein challenge the order passed by Principal Senior Civil Judge, Anand in Special Suit No.76 of 2005 below Exh.15 requiring the petitioner-original plaintiffs in the said suit to pay requisite Court fees on amount of Rs.4,04,600/- and further directing the plaintiffs to amend the plaint accordingly within 15 days. In this petition, the following reliefs are sought :-

(2.) Heard learned advocate Mr RK Shah for the petitioners-original plaintiffs and learned advocate Mr Parikh for the respondents-original defendants.

(3.) Having read the prayers made in the plaint, it is clear that the plaintiffs have sought a decree of specific performance, so also refund of Rs.2,02,300/- and in this set of circumstances, the trial Court was justified in requiring the plaintiffs to pay requisite Court fees on Rs.4,04,600/-, particularly keeping in mind the provisions contained in Sections 17 and 18 of the Bombay Court Fees Act.