Dr J C Vashista (Lawyer) 11 October 2020
Section 7 of the Court Fees Act, 1870 provides for computation of fees payable in suits. Under Section 7 (iv)(d), to obtain an injunction, the plaintiff shall state the amount at which relief sought is valued and under Section 8 of the Suits Valuation Act, 1887, the plaintiff is obliged to value the suit for the purposes of court fee and jurisdiction identically except for the exceptions provided under Section 7 of the Court Fees Act, 1870.
According to the plaintiff, in terms of Section 7(iv)(d), it has stated the amount at which it has valued the reliefs sought. The prayed relief is that of prohibitory and mandatory injunction. What are the basis for causing an exception in deference to the statutory provisions of the Suits Valuation Act, 1887 or the Court Fees Act, 1870, requires consideration. According to the plaintiff, it has valued the suit in terms of Section 7(vi)(d) read with entry 17(vi) of Schedule II of the Court Fees Act as applicable to Delhi. Clause (vi) of entry 17 of Schedule II of Court Fees Act states that in “every other suit where it is not possible to estimate at a money-value the subject matter in dispute, and which is not otherwise provided for by this Act”, the plaintiff could pay the fixed court fee of Rs. 13/-.