Suit is for
1) Permanent injunction
2) To declare the amount payable by the plaintiff to the bank
3) To set aside the notice of demand made by the bank as null and void and not binding on the plaintiff
4) Mandatory injunction to release the title deeds of the property secured for the debt.
The plaintiff raised a loan of Rs.10,00,000 in 2003 payable in 180 (months) EMIs @ Rs.11750 per EMI. Now the plaintiff has paid the loan for 113 months and is willing to pre pay the amount of Rs.3.72 lakhs in full. This amount he has received as a gift from his relatives.
Question :
Relief no.2 is valued for Rs.1000 (sec. 25(d) of CFSV Act) and paid court fee of rs.75.50 which is rejected by the examiner who contends that the relief should be valued for Rs.3.72 lakhs though this is only a rough estimation in the plaint and this amount is not mentioned in the prayer.
In this case is the rejection of the examiner justified or not? Should the plaintiff value the relief for Rs.3.72 lakhs which amounts to Rs.28k court fee or just for Rs.1000 paying a CF of 75.50 ?
Thanx in advance
