Law: Court-fees Act (VII of 1870)

Section: 7

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Court Fees Act (VII of 1870) S. 7---Court-fee, determination of---Factors to be taken into consideration---Allegations made by defendant---Effect---For the purpose of determination of court-fee and the question whether the suit was properly valued or not, provisions of S.7 of Court Fees Act, 1870, could be referred to which provided that the Court must confine itself to the plaint and was not required to look into the circumstances which could subsequently influence its judgment as the true value of the relief sought---In order to decide the question of court-fee in a particular suit the Court had to take into consideration the allegations made and the payers sought in the plaint and to assume the allegations to be correct---Allegations made by defendant in written statement or by means of a counter-affidavit or by any other document were not to be considered and the same were immaterial for determining the category/nature of the suit for the purpose of payment of court-fee---Payment of court-fee was to be looked at with reference to facts at the time of institution of the suit and events subsequent to the institution of the suit could not be taken into consideration for the purpose of valuation of the suit for the payment of court-fee. (b) Court Fees Act (VII of 1870) S. 7---Suit, valuation of---Interference by Court in valuation of court-fee made by plaintiff---Powers of Court---Scope---Plaintiff has been authorised by S-7 of Court Fees Act, 1870 to value the suit and pay court-fee thereon as framed by him and the same is not open to the Court to object that the suit has not been properly framed---Where the plaintiff had arbitrarily or without any plausible basis fixed the valuation of suit which was not acceptable in any manner or if the valuation given by plaintiff was fictitious or the plaintiff had undervalued or overvalued the suit with mala fide motives, the Court had power to interfere. (c) Court Fees Act (VII of 1870) S. 7---Valuation of suit---Jurisdiction of Trial Court to proceed with the suit---Objection to---Scope---Material date for such valuation---Objection raised by the defendant was that the plaintiff had undervalued the suit as the…