minimum fee of sixty rupees: Provided that, when in addition any consequential relief other than possession is sought, the amount of fee shall ... amount sought to be recovered: Provided further that, when the consequential reliefs also sought include a relief for possession the amount of fee shall
that it is joint family property; for a declaratory decree and consequential relief.(c) to obtain a declaratory decree or order, where consequential relief
suit
will have to fail for failure to ask for consequential
relief is of no concern to the Court question of Court Fee,
should look ... first part of the
relief, the relief claimed in the case could be treated as a
declaration with a "consequential relief
consequential relief being merely an auxiliary equitable relief, its valuation seems to have been left to the plaintiff. The meaning of the expression; consequential relief ... main and substantive relief son sequential relief should be ancillary thereto. Moreover, if no consequential relief is claimed or could be claimed in the suit
belated. It, however, held that
the claim for refund was a consequential relief.
In the appeals to this Court it was contended for the
appellants ... obtaining refund only and those where refund is
sought as a consequential relief after striking down of the
order of assessment etc. A petition
minimum fee of sixty rupees: Provided that, when in addition any consequential relief other than possession is sought, the amount of fee shall ... amount sought to be recovered: Provided further that, when the consequential reliefs also sought include a relief for possession the amount of fee shall
suit property, and since he had not asked for
consequential relief of delivery of possession, the suit was held to
be not maintainable ... without consequential relief does not
provide the needed relief in the suit; it would be for the plaintiff
to seek both reliefs. The omission thereof
surplusage but is a substantive relief claimed by the plaintiffs, the relief of permanent injunction prayed for is not consequential to the relief of declraration ... held that the relief of declaration and injunction prayed for is a claim to obtain declaratory relief where consequential relief is prayed for.
(38) Consequently
plaintiffs and proforma respondents is void ab initio, non-
effective and consequentially relief of injunction was also sought restraining
defendants No.1 and 2 from ... effective and ipso facto illegal and void ab initio. The only consequential
relief sought by the plaintiffs is to restrain defendants
short "the State Act") includes the
amount of consequential relief.
Mere declaration of termination of contract is not the substantial relief ... first part of the relief, the relief
claimed in the case could be treated as a declaration with a "consequential
relief
