Law: Civil Procedure Code (V of 1908)

Section: 1,11(b)(c)

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908) O.VII, Rr.1 & 11(b)(c) Plaint Court fee payable on plaint Determination of In order to determine proper court fee payable on plaint in a particular suit. correct principle was that plaint as a whole should be looked at and it was substance of plaint and not its ostensible form which really mattered for determination of court fee. (b) Civil Procedure Code (V of 1908) O.VII, Rr.l & 11(b)(c) Specific Relief Act (I of 1877), S.42 Court Fees Act (VII of 1870), S.7(iv)(c) & Sched. II, Art. 17(iii) Suit for declaration Court fee payable Determination of Plaintiff in his suit had sought a declaration to the effect that he was owner in possession of suit land and also that gift deed and the sale deed in favour of respondents were illegal, ineffective and inoperative against his rights Said relief flew from declaration itself Suit filed by plaintiff fell under S.7(iv)(c) of Court Fees Act, 1870 read with Sched. II, Art. 17(iii) of said Act. Muhammad Suleman and another v. Javed Iqbal and others PLD 1985 SC (AJ&K) 1; Mst. Nasim. Akhtar v. Muhammad Sabeel and another PLD 1991 Azad J&K 66 and Ghulam Hussain Shah v. Hidayat Ullah Khan PLD 1981 SC' (AJ&K) 55 ref. (c) Specific Relief Act (I of 1877) S.42 Court Fees Act (VII of 1870), S.7(iv)(c) & Sched. II, Art. 17(iii) Suit for declaration Court fee payable Declaration sought for under S.42 of Specific Relief Act, 1877, must relate to title or to any legal character or to any right as to any property Said suit would fall under S.7(iv)(c) of Court Fees Act, 1870, read with Sched. II, Art.17(IIl) of said Act Where specific relief claimed in a declaratory suit was either surplusage or consequential relief same would flow from original relief of declaration claimed in plaint and suit would thus fall under Sched. II, Art.17(iii) of Court Fees Act, 1870, but if consequential relief was not outcome of original declaratory relief then suit would fall out of ambit of abovesaid provisions of law Plaintiff in his suit had asked for a declaration to the effect that he was owner in possession of suit land and had prayed for a further relief that gift deed and sale deed were…

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