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Shrinath Chandra Pramanick and ors. Vs. Secretary of State for India in Council - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in5Ind.Cas.141
AppellantShrinath Chandra Pramanick and ors.
RespondentSecretary of State for India in Council
Excerpt:
court fees act (vii of 1870), section 7 sub-section 4, clause (c) - salt for settlement of fair rent by amendment of record' of-rights--declaratory decree--consequential relief. - .....determined the amounts at which the reliefs sought are to be valued and after the institution fees or those valuations have been paid. we make no order as to.....
Judgment:

1. No one appearing for the Opposite Party, we think that these Rules must be made absolute; The order of the lower; Court, appears to be incorrect, having Regard to the provisions of Section 7 Sub-section (4), Clause (c) of the Court Fees Act. In these suits, not only is a declaratory decree sought but consequential relief by amendment of the record-of-rights is also asked for. In such cases, the Court-fees, in terms of that section, must be determined by the amounts at which the reliefs sought are valued is the plaints and not at the sum of ten rupees required for a declaratory decree. We, therefore, direct that the order complained of be set aside and the cases sent back to the lower Court for re-admission after it has determined the amounts at which the reliefs sought are to be valued and after the institution fees or those valuations have been paid. We make no order as to costs.


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