NAINSUKH KISHANDAS Vs. MANISH CHOUDHARI

JUDGEMENT

(1.) THE copy of the plaint filed as Annexure A-1 with the revision memo seeks certain reliefs, that the land in dispute be declared to be of ownership of the plaintiffs, the defendants be restrained from interfering with plaintiffs possession, and it be further declared in favour of the plaintiffs that the sale deed executed in favour of defendant No. 1 by defendant No. 2 on 5-11-1996 does not convey any title in his favour. The plaintiffs have valued the suit at Rs. 300/for declaration Rs. 300/- for another declaration and Rs. 300/- for injunction. They accordingly paid court fees of Rs. 90/ -. The suit was filed in the court of Civil Judge Class-II. The defendants after putting in their appearance, moved an application under Order 7 Rule 11 CPC requesting the Court to reject the plaint on the ground that neither the suit was properly valued nor proper Court fees was paid. The learned trial Court by the order impugned observed that as the plaintiffs are seeking a declaration that the document in dispute does not convey any title in favour of the defendant No. 1 they have to value the claim as the value of the sale deed and must pay the Court Fees ad-valorem on the value of the document. Being dissatisfied by the said order directing the plaintiffs to pay the Court Fees, the plaintiffs have preferred this revision petition.

(2.) SHRI Shukla, learned counsel for the applicants submits that as the plaintiffs are not party to the sale deed and as the injunction is not a consequential relief of the said declaration, the Court could not direct payment of the Court Fees Under Section 7 (iv) (c) of the Court Fees Act. According to him, de-hors declaration if he could obtain an injunction, then the valuation as put forth by him under Article 17 (iii), Schedule II would be well justified.

(3.) ON the other hand, Shri Mukherjee, learned counsel for the non-applicants contended that though the defendants have not filed their written statement, but the plaintiffs must prove that they are in possession, the plaintiffs who are claiming through Girdharilal who has executed the sale deed must pay ad-valorem Court Fees and as the relief of injunction is the consequential relief, the plaintiffs are duty bound to value the suit to the value of document.