Inchchha Ram vs Noni Ram And Another
2011 Latest Caselaw 1598 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 26992 of 2011
 

 
Petitioner :- Inchchha Ram
 
Respondent :- Noni Ram And Another
 
Petitioner Counsel :- Siddhartha Varma
 

 
Hon'ble Rajes Kumar,J.

The petitioner filed a declaratory suit for the declaration of gift deed null and void and paid the fixed court fee. The issues have been framed. One of the issues framed was relating to the valuation and the court fee. The trial court has held that advalorem court fee should be paid under Section 7 (iv) (B) of the Court Fees Act which provides payment of advalorem court fee on the valuation of the property. The said view has been confirmed in the revision.

Issue notice to respondent nos. 1 and 2 returnable at an early date. The petitioner may take steps to serve the respondents no. 1 and 2 within a week.

List in the week commencing 18.7.2011.

Till the next date of listing, the payment of court fee shall be subject to the decision of the writ petition. It is made clear that this Court has not stayed the proceeding. 

Order Date :- 10.5.2011

OP