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AIR 1991 JAMMU AND KASHMIR 30
Jammu And Kashmir High Court
Hon'ble Judge(s): R. P. Sethi , J

Jammu and Kashmir Court-fees Act (7 of 1977 Smvt.) , S.7(vi)(c)— Computation of fees - Suit for declaration and injunction - Valuation for jurisdiction and Court-fees - Value for purposes of jurisdiction fixed at Rupees 2,19,200/- - Valuation for Court-fees fixed at Rs.9,200/- - Suit not properly valued under S. 8 of Suits Valuation Act as valuation for purposes of jurisdiction and Court-fee should be same. Jammu and Kashmir Suits Valuation Act (38 of 1977 Smvt.) , S.8— Under S. 7(iv)(c) of the Court-fees Act the plaintiffs in suits to obtain a declaratory decree or order where consequential relief is prayed can value the suit according to the amount at which the relief is sought. Under S. 8 of the Suits Valuation Act, in such suit the value as determinable for the computation of Court-fee and the value for purposes of jurisdiction has to be the same. With a view to determine whether a particular suit falls under S. 7(iv)(c) of the Court-fees Act or not, the substance of the plaint has to be seen and not its mere form. The Court-fee has to be determined on the nature of the suit at the choice of the plaintiff, provided it is legally open to him to frame the suit in that manner. In the instant case even though the plaintiff has prayed for the relief of injunction separately and not making it consequential to the relief of declaration, it is app....

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