AIR 1957 PATNA 711

Patna High Court

Hon'ble Judge(s): Sinha, Dayal , JJ

Court-fees Act (7 of 1870) , S.7(iv)(c), Sch.II, Art.17(iii)— Rule for determination of court fee - Court fee depends on real substance of relief claimed - Suit for declaration that bazidawa deed executed by mother and her sister was void and not binding upon plaintiffs as it was procured by fraud - Court-fee. Caution must be observed so as not to import into the plaint anything which it does not really contain, either actually or by necessary implication. In construing the plaint the court must take it as it is, not as it may think it ought to have been. A relief not asked for cannot be imported so as to charge court fee thereon. Where a plaintiff who is entitled to consequential relief frames his suit as one for a declaration only, the Court is not entitled to insist upon his praying for a consequential relief and paying the court fee proper for such a suit. The Court fee is dependent not on the form of the pleadings, but on the real substance of the relief claimed. Where the suit was brought for a declaration that a certain bazidawa deed executed by the plaintiff's mother and her sister was invalid, void and not binding upon the plaintiffs as the document was procured by fraud, the plaint cannot be read as one for declaration with consequential relief and the court fee paid as for declaration is sufficient.(Para 3) ....