State Of M.P. And Ors. vs Siyaram Verma on 23 October, 2003
12. The last submission made by the counsel as regards the payment of Court fee, according to him the plaintiff by the said suit has claimed for relief for recovery of Rs. 2,79,000/- and paid court fee of an amount of Rs. 50/-, According to him, ad valorem court fee is payable looking to the nature of relief claimed by the plaintiff. For this purpose, he relied on the Judgment of Division Bench of this Court in the case of Jagdish Tiwari v. State of M.P., ,1999 (2) MPLJ 332. In the aforesaid case a suit was filed by plaintiff for declaration to avoid liability of recovery of Rs. 1,36,989/- on the ground that auction held for auctioning 3020 Khair trees may be declared as illegal as no concluded contract had come into existence. Division Bench of this Court has held that as the plaintiff wants to avoid liability he is required to pay ad valorem court fee under Section 7(iv)(c) of the Court Fees Act.