AIR 1963 CALCUTTA 46 ::66 Cal WN 828 ::1964 CalLJ 136

Calcutta High Court

Hon'ble Judge(s): R. S. Bachawat, D. N. Sinha, P. N. Mookerjee , JJJ

(A) Court-fees Act (7 of 1870) , Sch.II, Art.17(VA)— Partition suit - Stranger impleaded as one of defendants - Suit involving construction of document in which stranger is interested - Determination not involving cancellation or setting aside of such document - Suit does not go out of purview of the clause. AIR 1951 Cal 410 and 1958 Cal LJ 262, Overruled. A suit, which otherwise satisfies the requirements of Cl. (VA) of Sch. II, Art. 17 of the Court Fees Act, would not go out of the purview of that clause, merely because the plaintiff joins as a defendant a stranger, i.e. a person who is not a co-sharer or co-owner, for enforcing in his presence the right to the share in the suit properties claimed by the plaintiff, even if the determination of the question whether the suit properties are joint properties and whether the plaintiff has a right to a share therein involves the construction of some document in respect of the suit properties or any of them in which the stranger is or claims to be interested and/or an adjudication that some document or transaction in respect of such properties or any of them is void, and/or not binding on the plaintiff; provided that the determination of the above question does not involve the cancellation or setting aside of such document or transaction. ....