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august 1978

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.

GUJARAT STATE FINANCIAL CORPORATION vs M/s. NATSON MANUFACTURING CO. (P) LTD. & ORS. · Niyam