cancellation of an instrument under Section 39 , Specific Relief Act the relief is not a declaratory one. It falls neither under Section ... should be considered to be one for a simple declaratory relief or for a declaratory relief with a consequential relief. It was held that
Where
instrument under the provisions of Section 39 , Specific Relief Act, was a mere declaratory suit under Section 2 , Article 17(3) , then with great respect ... Specific Belief Act was passed some years after the Court fees Act, the distinction existed before the Specific Belief Act was passed and it cannot
original Act or of Section 7(iv)(a) of the amended Act arises only when a declaratory relief and another relief have been asked ... were claimed as a substantive relief independently of a declaratory relief. This loophole in the Act was exploited by the litigants by adding a declaratory
Court Fees Act, 1870 as amended by the U.P. Amend- ment Act (Act 19 of 1938) or Article 17(iii) of Schedule ... Court Fees Act, 1870 9 (2013) 1 SCC 579 as amended by the U.P. Amendment Act (Act 19 of 1938) and after referring
provisions of the Court Fees Act as well as Court
Fees Act as amended by the U.P. Amendment Act, which will give a correct ... Court Fees Act and the U.P. Amendment Act
is given below:
| Court Fees Act |As per UP Amendment Act (19 |
| |of 1938) |
|“7. Computation
observed that that is not the sort of declaratory decree which the framers of the Act had in their mind. In Partab Singh v. Bhabuti ... purpose of Section 42 , of the Specific Relief Act and the history how declaratory decrees came to be granted have been
under Section 7(iv)(c) of the Court-fees Act 'to obtain a declaratory decree or order where consequential relief is prayed' court ... provisions of Section 39 of the Specific Relief Act and such a suit is for a declaratory decree with consequential relief and the court
Court Fees Act and as per Section 8 of the Suits Valuation Act, the value for the purpose of jurisdiction and court fee should ... Act was passed in 1877. Section 42 , Specific Relief Act was therefore not in force when the Court-fees Act was enacted. The declaratory suits
under section 7(iv)(A) of Court Fees Act because she had not claimed simple declaratory relief with regard to the 2004-Will in favour ... Article-17 (iii) of Schedule II of the Court Fees Act .
To obtain a declaratory decree where no consequential relief is prayed in any suit
Court Fees Act and the second relief under Article 17 (iii) of Schedule II of the same Act.
9. The Chief Inspector of Stamps ... interpreted as one for a declaratory decree with a consequential relief.
10. In the Court Fees Act as it stood in the year 1928, Section
