Law: Court Fee Act, 1870

Section: 7 (iv)(c), 12(ii)

(a) Court Fees Act (VII of 1870) S. 7 (iv)(c), Sched I, Art. I & Sched. II, Art. 17(iii) - Suit for declaration and also for injunction-A suit for declaration with consequential relief-Governed by S. 7(iv)(c) and Art 1 of 1st Schedule and not by Art. 17(iii) of Second Schedule-Court fee to be paid according to value amount of relief sought-Not open to plaintiff to put arbitrary value on plaint-[Mian Karam Ilahi v. Muhammad Bashir and others P L D 1949 Lah. 8 ; Ghulam Qadir v. Messrs Balakimal & Sons P L D 1949 Lah. 461 and In re: Lakhmiamal A I R 1926 Mad. 96 dissented from. Lakhomal Deepchand and another v. Deepchand Tolaram and others A I R 1937 Sind 241 ; Muhammad Siddique and others v. Haji Ahmad & Co. P L D 1967 Kar. 468 ; A I R 1953 Cal. 34 ; Shaikh Rehman v. Balchand and another A I R 1937 Nag. 6 ; Thakurjee v. R. R. S. Rai I L R 27 Pat 494 and Manohar Khan v. Mst. Momin Jan Bibi and another P L D 1967 Dacca 164 rel. Mian Karam Rahi v. Muhammad Bashir and others P L D 1949 Lab. 8 ; Ghulam Qadir v. Messrs Balakimal & Sons P L D 1949 Lah. 461 and In re : Lakhmiamal A I R 1926 Mad. 96 dissented from. (b) Court Fees Act (VII of 1870) S. 12(ii)-Court- fee paid on Plaint deficient-Appellate Court has ample powers to order deficiency to be made good-Question whether matter of court fee was decided by lower Court or not-Immaterial. Bidhu Busan Bakhshi v. Kalachand Rai A I R 1926 Cal. 775; Jani and others v. Bishan Singh and others A I R 1935 Lah. 698; 109 p R 1912 ; 1972 S B L R 478 anti Baboo Narain Parshad and others v. Choudhry Kameshwar Parshad Singh 43 I C 489 rel. (c) Court fee Relief claimed in, or subject-matter of appeal different from that of suit-Court fee payable on appeal different from that paid in suit-Court-fee in appeal-To be determined by subject-matter and relief claimed in appeal. (d) Words and phrases "Subject-matter"-Expression as used in Court Fees Act-Value of subject-matter-Not always value of property-Value of subject-matter means "a right sought to be determined, a wrong to be remedied and defence asserted in justification of wrong". Rahmat Ali v. Banaras Silk Industry P L D 1967 Dacca 113 rel. (e)…