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1 - 10 of 13 (0.27 seconds)The Code of Civil Procedure, 1908
Tara Devi vs Sri Thakur Radha Krishna Maharaj, ... on 10 August, 1987
19 In the matter of Tara Devi Vs. Sri Thakur Radha Krishna
Contd....P..8 of 10
: 9 :
Maharaj, (1987) 4 SCC 69; it has been laid down by Hon'ble Supreme Court
that in a suit for declaration with consequential relief falling under section 7(iv)(c)
of the Court Fees Act, the plaintiff is free to make his own estimation of the relief
sought in the plaint and such valuation both for purposes of court fee and
jurisdiction has to be ordinarily accepted. Further it has been observed that it is
only in cases where it appears to the court on consideration of the facts and
circumstances of the case that the valuation is arbitrary, unreasonable and the
plaint has been demonstratively undervalued, the court can examine the
valuation and can revise the same.
The Indian Stamp Act, 1899
Commercial Aviation & Travel Co. (Inc.) ... vs Vimla Panna Lal on 14 March, 1986
18 In the matter of Commercial Aviation and Travel Company Vs
Vimla Panna Lal, AIR 1988 SC 1636, Hon'ble Supreme Court of India held that:
S. Rm. Ar. S. Sp. Sathappa Chettiar vs S. Rm. Ar. Rm. Ramanathan Chettiar on 28 November, 1957
13 Ld. Counsel for plaintiff has relied on Sathappa Chettiar Vs.
S.R.A.R. Ramanathan Chettiar where it was held that Paragraph (iv) of Section
7 of the Court Fees Act gives a right to the plaintiff in any of the suits mentioned
in the clauses of that paragraph to place any valuation that likes on the relief he
seeks, and the court has no power to interfere with the plaintiff's valuation.