RACHIT SHAH Vs. PRAFULLA KUMAR SHAH & OTHERS

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is at the instance of the plaintiff in the suit challenging the order of trial court dated 25/4/15 whereby the trial court while deciding the application under Order 7 Rule 11 of CPC has directed the petitioner to value the suit on the basis of principle of real money and pay the court fee accordingly.

(2.) Learned counsel for petitioner submits that the trial court has not determined any valuation of the suit nor any court fee has been fixed. He has submitted that considering the nature of averments in plaint and the relief claimed, the case of petitioner is covered under Section 7(iv) of Court Fees Act, therefore, the petitioner was free to value the suit as per his own choice. He has further submitted that the petitioner is not liable to pay the court fee at the market value and at the most issue can be framed and decided.

(3.) Counsel for respondents has opposed the writ petition submitting that valuation of the suit is very unreasonable and the provision of Section 7(iv)(c) of the Court Fees Act is attracted and the relief of injunction claimed by petitioner is a consequential relief therefore, advalorem court fee is required to be paid.