RAVISHANKAR Vs. SATYANARAYAN

JUDGEMENT

(1.) Petitioners have filed the present petition being aggrieved by the order dated 19.10.2016 passed by the XVII Civil Judge, Class-I, Indore in Civil Suit No. 64A/2016.

(2.) Petitioner/plaintiff filed a suit for specific performance of contract, declaration and perpetual injunction against the defendant. Plaintiff valued the suit for specific performance of contract at Rs.7 lacs and paid ad valorem Court fee of Rs.74,000.00. For the relief of declaration he valued the suit at Rs.1000.00 and paid the fixed Court fee of Rs.500.00 and for the relief of injunction he valued the suit at Rs.1000.00 and paid the fixed Court fees of Rs.120.00. Thus in total the suit was valued at Rs.7,02,000.00 and paid the Court fee of Rs.74,620.00.

(3.) Notice was issued to the defendants and they remained ex-parte before the trial Court. While deciding the application under Order 39, Rule 1 & 2 Civil Procedure Code learned trial Court suo moto raised an objection that the plaintiff is required to pay ad valorem Court fee for the relief of injunction. By the impugned order dated 19.10.2016 in exercise of powers under Order 7, Rule 11 Civil Procedure Code trial Court has directed the plaintiff to properly value the suit and pay the Court fee within 15 days, failing which the plaint would be returned. According to the learned trial Court when the plaintiff is claiming the relief of declaration under section 7(iv) (c) which is not a consequential relief then under Art. 17 of second Schedule of Court fees Act he has to pay ad valorem Court fees. He has to value the suit as per the market value of the property and liable to pay ad valorem Court fees. Being aggrieved by the aforesaid order, petitioner filed the present writ petition.