AIR 1937 PATNA 514

Patna High Court

Hon'ble Judge(s): James , J

(A) Court-fee-Practice-Practice of Patna High Court-For ascertainment of proper court-fee payable, Court should not depend exclusively on averments of plaintiff-Correct procedure is to appreciate what plaintiff really seeks. It has not ordinarily been the practice in the Patna High Court, from the time of its foundation, to depend exclusively on the averments of the plaintiff for the ascertainment of what should be the proper court-fee payable, to permit a plaintiff to escape liability by a vague and indefinite statement of facts in the plaint or to penalize him because he may possibly ask for a declaration which may be unnecessary. The correct procedure is to determine the proper court-fee payable on an appreciation of what the plaintiff-appellant really sought, not to require payment of ad valorem court- fee merely because a suit for partition was defended by a claim of adverse possession; but to see that plaintiff should not avoid liability to pay court-fee under S. 7 (iv) (c) or S. 7 (v) of the Act merely by omitting to assert a prayer for pos session in what was essentially a title suit in the guise of a partition suit.(Para 515C1,2) (B) Court-fee-Practice-Patna High Court -Plaintiff-appellant found prima facie liable to pay ad valorem court-fee on portion of his claim-Ad valor....