1.         Court Fee - As regards the direction of payment of the court fee, the Court has stated it will be collected at the time of final decision - It is clearly an erroneous procedure - The Court fee shall be collected at the time when the parties seek for enforcement of their claim through their pleading - Since there has been no appropriate direction of Court fee previously, I direct the Court fee referable to the remaining portion of property namely, the share which the 5th defendant claims, to be paid within a period of two weeks from the date of the receipt of the copy of the order - The consequences of non-payment will be the same as what is found under Order 7 Rule 11 - Civil Procedure Code, 1908 (V of 1908) Order 7Rule 11.  (179) PLR
  2.         Court Fee - Damages - To give a new photocopier machine and payment of damages at the rate of Rs.2,000/- per day be made in favour of plaintiff on account of damages, loss of business reputation and loss of business or in the alternative, refund to the amount of defective machine - Plaintiff has already valued the suit on the basis of alternative relief and affixed the court fee and at this stage, plaintiff cannot be directed to make the payment of court fee on the basis of damages having been claimed at the rate of Rs.2,000/- per day for supply of defective photocopier machine.  (183) PLR
  3.         Court fee - Decree of declaration regarding joint ownership and possession has been sought and it is only in the alternative that a decree for possession by way of specific performance of such settlement has been claimed - It was too early for the lower court to conclude that it was not a family settlement but was a transaction of sale and purchase and, in fact, this observation without evaluation and appreciation of recitals of the document in the interface of contemporaneous circumstances and attending material is uncalled for - After evaluation and appreciation of the evidence produced by the parties, if the lower court comes to a determination that it is not a suit for enforcing a family settlement but, in fact, is a suit for specific performance of the agreement, only then a case for making up deficiency of the court fee would merge.      (177) PLR
  4.         Court fee - Is to be affixed as per rates fixed in the Act which was applicable at the time of filing of the suit and not as per amended Act. (177) PLR
  5.         Court fee - Is to be affixed as per rates fixed in the Act which was applicable at the time of filing of the suit and not as per amended Act. Raman Kumar v. Amrik Singh . (177) PLR
  6.         Court fee - Plaintiff is required to affix the court fee as per valuation of the suit, is to be assessed by the plaintiff - Rightly assessed the valuation of relief being claimed in the main suit, which comes to 1/3rd share of 40% share of the defendants - Court below fell in error while directing the plaintiffs to affix the court fee on the total valuation of the property as shown in the agreement, though the same is not the relief claimed by the plaintiffs. (183) PLR
  7.         Court Fee - Suit for grant of damages and compensation on account of malicious prosecution - Given liberty to pay court fee on the amount to be adjudicated as damages by the lower court in due course of time and not at the initial stage notwithstanding the fact that the petitioner though leaving the entire matter to the court for adjudication of the quantum of damages, had given such tentative quantum of damages to be Rs.2.00 crores - Rejection of plaint - Court fee - Order set aside - Civil Procedure Code, 1908 V of 1908) Order 7 Rule 11. (178) PLR
  8.         Court Fee - The person that propounds the Will alone has to prove the Will and there is no need to set aside the Will or value the relief, if such a relief is sought - The plaintiff may ignore the Will as invalid and he is not required to value the same and the valuation as made, on the basis of the averment in plaint must be taken as appropriate. (174) PLR 


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