AIR 1954 RAJASTHAN 170

Rajasthan High Court

Hon'ble Judge(s): Wanchoo , C.J. AND Modi , J

(A) Court-fees Act (7 of 1870) , S.7— Plaint is basis for determination of court-fee. In order to determine the proper court-fee payable on a plaint in a particular case, the true principle is that the plaint as a whole should be looked at and that it is the substance of the plaint and not its ostensible form which really matters. Further nothing should be imported into the plaint, which it really does not contain either actually or by necessary implication. Thus, in construing the plaint, the Court must take the plaint as it is and not as it ought to have been : AIR. 1932 All 485 (FB); AIR 1944 Pat 17 (FB), Foll.(Para 4) Anno : C. F. Act, S. 7, N. 3. (B) Specific Relief Act (1 of 1877) , S.39, S.42— Distraction between suit for cancellation of instrument and suit for declaration. Court-fees Act (7 of 1870) , S.7(iv)(c)— There is a difference between a suit for the cancellation of an instrument and one for a declaration that the instrument is not binding on the plaintiff. When the plaintiff seeks to establish a title in himself and cannot establish that title without removing an insuperable of obstacle such as a decree or a deed to which he has been a party or by which he is otherwise bound then he must get that ....