AIR 2017 RAJASTHAN 46 ::(2017) 3 WLC (RAJ) 65 ::(2018) 2 Raj LW 1031

Rajasthan High Court

Hon'ble Judge(s): Dinesh Chandra Somani , J

(A) Civil P.C. (5 of 1908) , O.7 R.11(a), O.7 R.11(d), O.18 R.1— Rejection of plaint - Pleas taken by defendant, irrelevant while deciding application for rejection - Objections of defendants regarding insufficiency of court-fee - Cannot be heard while deciding application. AIR 2012 (NOC) 201 (Raj), Rel. on. (Para 21) (B) Court-fees Act (7 of 1870) , S.7(iv)(e)— Court fees - Estimation of relief sought in plaint by plaintiff - Ordinarily needs to be accepted for purpose of valuation of court-fees. (Para 21) (C) Rajasthan Court Fees and Suits Valuation Act (23 of 1961) , S.35(1), S.35(2)— Court-fees - Suit property in joint possession of parties - Suit filed by plaintiff for partition and not for declaration of title - Court-fee payable at fixed rates mentioned in S. 35(2) and not under S. 35(1). (Para 22) (D) Rajasthan Court Fees and Suits Valuation Act (23 of 1961) , S.24(e)— Court-fees - Computation of - Suit for declaration of sale deed as null and void - Plaintiff, non-executant of sale deed, was in joint possession of property - Cls. (a), (b), (c) and ....