Supreme Court of India · 1978-08-29
GUJARAT STATE FINANCIAL CORPORATION vs M/s. NATSON MANUFACTURING CO. (P) LTD. & ORS.
- Citation / case number
- SC 1977/61604
- Court
- Supreme Court of India
- Petitioner
- GUJARAT STATE FINANCIAL CORPORATION
- Respondent
- M/s. NATSON MANUFACTURING CO. (P) LTD. & ORS.
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that an application under Section 31(1) of the Court-Fees Act, 1870 does not qualify as a plaint under Article 1 or Article 7 of Schedule I, and thus should bear a fixed court fee of 65 paise as per residuary Article 1(c) of Schedule II. The Court clarified that the nature of relief sought under Section 31(1) is distinct from a money recovery suit, as it does not allow for a decree for outstanding dues or personal liability. Consequently, the appeal was allowed, affirming the fixed court fee requirement for such applications.