AIR 2002 SUPREME COURT 233 ::2001 AIR SCW 4901 ::2002 AIR - Jhar. H. C. R. 52 ::(2002) WLC(SC)CVL 25 ::(2002) 1 CivLJ 600 ::(2002) 1 CivilCourtC 389 ::(2002) 1 Pat LJR 268 ::2002 (1) SCC 304 ::2002 (1) RecCivR 552 ::(2001) 8 Scale 246 ::(2002) 1 AllMR 647 (SC) ::2002 (1) Cal HN 72 ::(2002) 46 All LR 730 ::2002 (1) BLJ 585 ::2002 (1) BLJR 350 ::2002 BLJR 1 350 ::2002 HRR 617 ::2002 (1) ICC 1007 ::(2002) 1 JCR 306 (SC) ::(2002) 1 Pun LR 215 ::2001 (8) Supreme 358 ::(2002) 1 Andh LT 26 ::(2001) 10 JT 169 (SC)

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar , JJ

Court-fees Act (7 of 1870) , S.7— Partition suit - Court-fees payable on plaint - Determination of - Court is required to find out whether the suit was properly valued and proper court-fee was paid thereon - It is substance of relief sought for and not form which will be determinative of valuation and payment of court-fees. C. R. No. 901 of 1997, D/- 20-8-1997 (Patna), Reversed. It is well settled that the Court-fee has to be paid on the plaint as framed and not on the plaint as it ought to have been framed unless by astuteness employed in drafting the plaint the plaintiff has attempted at evading payment of court-fee or unless there be a provision of law requiring the plaintiff to value the suit and pay the court-fee in a manner other than the one adopted by the plaintiff. The court shall begin with an assumption, for the purpose of determining the court-fees payable on plaint that the @page-SC234 averments made therein by the plaintiff are correct. Yet, an arbitrary valuation of the suit property having no basis at all for such valuation and made so as to evade payment of court-fees and fixed for the purpose of conferring jurisdiction on some court which it does not have, or depriving the court of jurisdiction which it would otherwise have, can also be interfered with by the court. It is the substance of the rel....