AIR 1937 SINDH 248

Sindh High Court

Hon'ble Judge(s): Dadiba C. Mehta , J

Court-fees Act (7 of 1870) , S.7(iv)(c), Sch.2 Art.17(iii)— Consequential relief Meaning - Decree-holder bringing suit for declaration of his right to pursue attached property and asking for injunction to res train defendants from objecting to attachment and sale - Suit is merely one for declaration-Court-fees under Sch. 2, Art. 17 (iii) are payable. Consequential relief means a substantial and immediate remedy in accordance with the title which the Court has been asked to declare. It does not mean any relief asked for along with the prayer for a declaration. The question whether the plaintiff must ask for a consequential relief in a suit for declaration depends upon the circumstances of each particular case. In deciding what the proper court-fee payable should be, the Court must have regard to the substance of the thing and not to the mere form in which the relief has been prayed for.(Para 249C1,2 250C2) Where the plaintiff brings a suit for declaration and injunction, it must be seen whether the injunction is a necessary and consequential relief which the plaintiff must pray for and get in his suit or whether it is a meaningless surplusage in order to determine whether court-fees under S. 7 (iv) (c) or under Sch. 2, Art. 17 (iii), Court-fees Act, are payable. Where the decree-holder brings a suit for decl....