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.