CHETAN Vs. CENTRAL BANK OF INDIA & ORS.

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 10/08/2015 by which the learned trial Court directed to pay the ad valorem Court fees.

(2.) Accordingly to the petitioner, a suit for declaration and permanent injunction has been filed valuing Rs. 1,000/- and paid the Court fees therein. His contention is that the suit has been filed for declaration and therefore as per II Schedule of Article 17 of Court Fee Act, 1870,proper court fee has been paid and he is not required to pay ad valorem Court fees as per Section 7 (iv) (c) of the Court fee Act.

(3.) To support the aforesaid, he has drawn my attention to the decision of the Full Bench in the case of Sunil S/o Dev Kumar Radhelia and Ors. v. Awadh Narayan and Ors. reported in 2010(4) M.P.L.J.431 and submitted that when the plaintiff makes an allegation that the instrument is void and hence not binding on him and a declaration simpliciter is prayed, then he is not required to pay ad valorem Court fee. In such case, a fixed Court fee under Article 17,Schedule - II of the Court Fees Act will be payable.