MOHANLAL Vs. KAJI VAKILUDDIN

JUDGEMENT

(1.) THE controversy involved in the present petition, W. P. No. 4140 of 2008, and a bunch of other writ petitions, which have been clubbed along with the present petition, is with regard to the interpretation of Article 1-A of Schedule 1 of Court Fees (Madhya Pradesh Amendment) Act, 2008.

(2.) AT the outset, it would be relevant to notice Article 1 - A of Schedule 1 of the aforesaid Act as follows:- <FRM>JUDGEMENT_221_MPHT1_2009Html1.htm</FRM>

(3.) WHEREAS the writ petitioners, who are the plaintiffs in their respective suits pending before the Trial Courts, maintain that irrespective of the valuations of the suits and the claim made in the said suit by a plaintiff, the maximum Court fee payable by a plaintiff in a suit on which ad valorem Court fee is payable, is rupees one lac fifty thousand only. The respective Trial Courts in various cases have observed that in case of a claim exceeding rupees ten lacs, the court fee was to be paid as rupees ninety five thousand plus 3% on the amount in excess over and above rupees ten lacs (subject to a maximum of rupees one lac fifty thousand ). In essence, the Trial Courts have interpreted the aforesaid clause to mean that the plaintiffs were required to pay not only rupees ninety five thousand on such suits, but a further amount subject to a maximum of rupees one lac fifty thousand over and above rupees ninety five thousand.