Supreme Court of India
Bharat Bhushan Gupta v. Pratap Narain Verma & Anr
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What the Court ordered
In view of the above, this appeal succeeds and is allowed; the impugned order dated 18.03.2019 is set aside a nd that of the Trial Court dated 11.07.2018 is restored.
Judgment, page 20
From the headnote
Court Fees Act, 1870: ss. 7(iv)(d), 7(v) – Computation of fe es payable in certain suits – Valuation of – On facts, suit for mandatory and prohibitory injunction and also for damages for use and occupation of the suit by appellant against the respon dent – During the pendency, an application u/or. 7 r.11 CPC filed by the resp ondent for want of pecuniary jurisdiction on the ground that the value of the suit property is not taken while computing the court fees – Rejected by the trial court, however, the High Cour t returned the plaint for filing the same in the court of appropriate ju
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