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november 2012

Supreme Court of India · 2012-11-21

SHAILENDRA BHARDWAJ vs CHANDRA PAL

Citation / case number
SC 2012/8201
Court
Supreme Court of India
Petitioner
SHAILENDRA BHARDWAJ
Respondent
CHANDRA PAL
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 sale deed void falls under Section 7(iv-A) of the Court Fees Act, 1870, as amended by the U.P. Amendment Act, 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 suit was correctly valued under Article 17(iii). The appeal was allowed, reversing the lower courts' decisions.

SHAILENDRA BHARDWAJ vs CHANDRA PAL · Niyam