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november 2012

Supreme Court of India · 2012-11-21

Shailendra Bhardwaj & Ors vs Chandra Pal & Anr

Citation / case number
AIR 2013 SC (CIVIL) 2284
Court
Supreme Court of India
Petitioner
Shailendra Bhardwaj & Ors
Respondent
Chandra Pal & Anr
Author
K. S. Radhakrishnan
Bench
Dipak Misra, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court addressed whether a suit seeking to declare a will and a sale deed void falls under Section 7(iv-A) of the Court Fees Act, 1870, as amended by the U.P. Amendment Act (Act XIX of 1938), or Article 17(iii) of Schedule II of the same Act. The Court held that the trial Court and High Court erred in requiring the plaintiff to pay court fees under Section 7(iv-A), affirming that the proper valuation and court fee were in accordance with Article 17(iii). The appeal was allowed, reversing the lower courts' decisions.

Shailendra Bhardwaj & Ors vs Chandra Pal & Anr · Niyam