Smt. Geeta Pandey v. Raghavendra Dutt Ram Pandey and Ors.
Case brief
What is this about?
Objection to valuation of suit; bare declaratory suit without consequential relief; maximum court fee Rs 200; Section 7(iv)(g) Court Fees Act 1870; Section 115 CPC revision; unlimited pecuniary jurisdiction of Civil Judge (Senior Division); defendant cannot challenge plaintiff's valuation; refusal of commission for valuation; Bharti Bhushan Gupta v Pratap Narayan Verma (2022) 8 SCC 333; Dr Sushil Suri v Harish Suri 2023 (2 ADJ) 552; revision dismissed at admission stage; Gonda; Regular Suit No. 760 of 2019.
What did the court decide?
Under Section 7(iv)(g) of the Court Fees Act, 1870, where consequential relief is sought along with declaratory relief the valuation follows the value of the relief claimed; but since in the present case no consequential relief was sought, only the maximum court fee of Rs. 200 is payable. An increase in the suit's valuation would neither affect the court's jurisdiction nor change the payable court fee; therefore the objection relating to valuation/court fee is infructuous (meaningless).