territorial jurisdiction
compulsion at Gurgaon. The learned Trial Court directed her to pay
advoleram court fee in the suit. She could not comply with ... this Court entitled to indulgence of the law to the
extent that she is afforded one final opportunity for filing the advoleram
court fee
court fee and jurisdiction for Rs.30,000/-
and accordingly, advoleram court fees was paid, however, in the
prayer clause, it is mentioned that ... paid the advoleram court
fees of Rs.2,500/-. It is stated that plaintiff has not to pay court fees on
the interest claimed
court fee and jurisdiction at Rs 3,42,130 and advoleram
court fee of Rs 5,730 has been paid. On the other hand,
case ... lacs and for other
reliefs at Rs 42130 and has paid advoleram court fee
thereon. No suggestion refuting factum of valuation of
the suit
suit property. This finding of the
learned Trial Court cannot be sustained. The Court fee
has to be assessed keeping in view the suit ... consequential
relief on the basis of declaration prayed for, therefore
advoleram Court fee was not payable as he cannot be
held to be bound
order, the Court below has glossed over
the same without following the ratio laid down therein. The
trial Court has totally failed to notice ... paid Court fee of Rs.200/- as against
the advoleram Court fee payable under clause (d) of Section 40
of the Karnataka Court Fees
suit property. This finding of the learned Trial
Court cannot be sustained. The Court fee has to be
assessed keeping in view the suit ... consequential relief on the basis of
declaration prayed for, therefore advoleram Court fee
was not payable as he cannot be held to be bound
proper Court fees, which is per se illegal.
6. Learned counsel for the petitioner has also argued that learned trial
Court has misdirected itself ... basis of title, thus, only for the matter
of possession advoleram Court fees was not required to be paid but learned
trial Court
want of cause of action,
under valuation, non-payment of advoleram Court fee and
barred by law.
The defendant has stated that the entire plaint ... also raised contention with regard
to under valuation, non-payment of advoleram Court fee.
It is perhaps well to observe that if a pliant
partition based on joint
possession once it is a fixed court fee, irrespective of the extent
and value of the properties involved, but for required ... sought is not based on joint possession and
requires payment of advoleram court fee for the defendant to
include any properties
under Section (iv) (c)
of Court Fees Act, 1870 contending that the suit suffers from payment
of insufficient court fees and, therefore, liable ... even then as per Section 7
(ix) of Court Fees Act , advoleram Court fee is required to be paid.
3. Shri R.P.Rathi, learned
