SHAILENDRA BHARDWAJ & OTHERS versus CHANDRA PAL & ANOTHER

SHAILENDRA BHARDWAJ & OTHERS versus CHANDRA PAL & ANOTHER

The suit, filed after the death of the testator, sought cancellation and declaration of nullity of a will and sale deed. Section 7(iv-A) of the U.P. Amendment Act, which specifically provides for computation of court fee according to the value of the subject matter in cases involving cancellation of instruments, applies. Article 17(iii) of Schedule II does not apply because the U.P. Amendment Act 'otherwise provides' for the court fee, irrespective of whether consequential relief is sought.

Parties
Appellant: Shailendra Bhardwaj & Others; Respondent: Chandra Pal & Another
Jurisdiction
India
Judgment Date
21 November 2012
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
appeal dismissed
Legal Topics
Court Fees, Declaration Suits, Cancellation of Instruments
Civil Procedure Court Fees Declaration Suits Cancellation of Instruments

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Parties

Shailendra Bhardwaj & Others

Appellant

Chandra Pal & Another

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether a suit filed seeking a declaration that a will and a sale deed are void, resulting in cancellation, falls under Section 7(iv-A) of the Court Fees Act, 1870 as amended by the U.P. Amendment Act or Article 17(iii) of Schedule II of the Court Fees Act for the purpose of valuation

Ratio Decidendi

The suit, filed after the death of the testator, sought cancellation and declaration of nullity of a will and sale deed. Section 7(iv-A) of the U.P. Amendment Act, which specifically provides for computation of court fee according to the value of the subject matter in cases involving cancellation of instruments, applies. Article 17(iii) of Schedule II does not apply because the U.P. Amendment Act 'otherwise provides' for the court fee, irrespective of whether consequential relief is sought.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with no order as to costs