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Ratan Devi (Smt.) vs. Smt. Gawra Devi & Ors.

32.00 3.20

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Rajasthan Court Fees & Suit Valuation Act, 1961–Secs. 24, 31, 35, 11(2) & (3)–Determination of Court fees–Suit for declaration, pre-emption and partition–Plaintiff was directed to pay the Court fees on the market value of suit property–Though the plaintiff claimed that she was the co-owner of suit property, however, the property came to be transferred on the date of filing of suit, plaint was amended and relief of declaration qua the transfer of plaintiff’s share was sought–Nature of relief sought by way of amendment brings the case within the ambit of Sec. 24 and Court fees should be computed on the ground of market value of property–Further, the Court fees in a case where separate and distinct reliefs have been sought, has to be paid on the aggregate value of the reliefs–Reliefs of pre-emption was not the ancillary relief–Held, Court fees was rightly computed by trial Court.