Yadunandan Namdeo vs Smt. Maya Bai Namdeo
2021 Latest Caselaw 1309 MP

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR



 MISC. PETITION NO.                            3173 /2020
 Parties Name                YADUNANDAN NAMDEO & ANOTHER.
                                VS.
                             SMT. MAYA BAI NAMDEO & OTHERS.
 Bench Constituted           Single Bench
 Judgment delivered By       HON'BLE SHRI JUSTICE VISHAL DHAGAT
 Whether       approved   for YES/NO
 reporting
 Name of counsel for parties For petitioner: Shri Vithal Rao Jumre, Advocate.

                             For Respondent No.1: Shri Mohd. Aadil Usmani,

Advocate.

 Law laid down               -
 Significant       paragraph -
 number


                                 (O R D E R)
                                 06/04/2021

Petitioners have filed this miscellaneous petition calling in

question order dated 03.09.2020 contained in Annexure-P/1 passed in

Civil Suit No.55-A/2018 by First Civil Judge, Class-II, Pipariya,

District-Hoshangabad (MP) by which application filed by respondents

under Order 7 Rule 11 of the Code of Civil Procedure was partly

allowed.

2. Suit property is diverted land bearing Plot No.13 (khasra

No.158/13) measuring 700 sqft. Situated in Devgaon, Pipariya,

District-Hoshangabad, Madhya Pradesh.

3. Learned trial Court vide its order dated 03.09.2020 held that suit

has been filed for declaration of title, permanent injunction and

possession. For said reliefs Court fees of Rs.500-500/- was affixed for

declaration of title and permanent injunction and Rs.84,00/- for

possession and suit was valued at Rs.70,000/-. Trial Court further held

that as per market guidelines, value of suit property is of

Rs.15,61,200/- and calculated Court fees to be paid on suit to be

Rs.1,11,836/-. Petitioner was granted fifteen days' time to pay proper

Court fees of the plaint.

4. Petitioners have challenged the said order on the ground that

order suffers from perversity and same is contrary to pleadings.

Petitioners are people of BPL Category and by notification dated

09.01.1983 published by State Government they are exempted to pay

Court fees. Maximum Court fees to be paid is Rs.1,50,000/- on civil

Suit. Court has wrongly held that Court fees to be paid is

Rs.15,61,200/-. On this ground, prayer was made to quash impugned

order dated 03.09.2020 (Annexure-P/1).

5. Heard the counsel for petitioner.

6. As per Section 8 of Suit Valuation Act, 1887, for The Court Fees

Act, 1870 Section 7, paragraphs v, vi and ix, and paragraph x, clause

(d), Court-fees are payable ad-valorem under the Court-fees Act, 1870.

Court fees is to be calculated as per Schedule-I (Advalorem fees). Trial

Court has rightly relied on market guideline as submitted by Deputy

Registrar, Registration, Pipariya.

7. From perusal of order, no illegality or error of jurisdiction is

found. Petitioners have not filed suit as indigent persons. If they want

benefit of circular of State Government then they ought to have filed

suit as indigent persons. In absence of same, no benefit can be given to

petitioners of circular issued by State Government. Trial Court has

right valued the suit at Rs.15,61,200/- and fixed Court fees at

Rs.1,11,836/-. Court fees fixed is less than maximum amount of Court

fees i.e. 1,50,000/- to be paid by petitioner.

8. In view of aforesaid, miscellaneous petition filed by petitioners is

dismissed.

(VISHAL DHAGAT) JUDGE shabana

Digitally signed by SHABANA ANSARI Date: 2021.04.08 14:05:27 +05'30'