SHAIL AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) The plaintiff presented a suit praying that the three sale deeds dated 1-11 -2004 and 17-2-2006 be declared null and void and further prayed that the defendants be restrained from transferring the property on the basis of the sale deeds. In paragraph 12 of the plaint, the plaintiff disclosed the valuation of the sale deeds and on that basis, paid a sum of Rs. 1300.00 as Court-fee. The Munsarim submitted a report dated 19-7-2006 stating therein that as per the valuation given by the plaintiff, the total amount of Court-fee payable as per Section 7(iv-A) of the Court-fees Act is Rs. 62,792.50, whereas the plaintiff has only paid a sum of Rs. 1300.00 towards Court-fee. Consequently, the Munsarim reported that the remaining Court-fee was required to be paid by the plaintiff.

(2.) Pursuant to the aforesaid report, the plaintiff filed an objection dated 31-7-2006, which was registered as Misc. Case No. 136 of 2006. The plaintiff submitted that the Court-fee was not payable as per Section 7(iv-A) of the Court-fees Act and, in fact the Court-fee was payable as per Article 17(iii) of Schedule II of the Court-fees Act. and therefore, the Court-fee paid by the plaintiff was correct and was in accordance with the provisions of Article 17(iii) of Schedule II of the Court-fees Act. The plaintiff therefore prayed that the report of the Munsarim be set aside.

(3.) The Civil Judge by an order dated 14-8-2006 rejected the objection raised by the plaintiff and upheld the report of the Munsarim and directed the plaintiff to clear the deficiency of the Court-fee so that the suit could be registered. Aggrieved, the plaintiff has filed the writ petition under Article 226/227 of the Constitution of India praying for the quashing of the order of the Civil Judge dated 14-8-2006.