Under the central text of the Court-fees Act, 1870, how is the fee computed for a suit seeking a…
Section 7(iv)(c) bases the court fee on the amount at which the relief is valued in the plaint or memorandum of appeal. Section 7(i) instead uses the amount claimed in money…
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Under the central text of the Court-fees Act, 1870, how is the fee computed for a suit seeking a declaratory decree and consequential relief?
Answer and explanation
Correct answer B
Section 7(iv)(c) bases the court fee on the amount at which the relief is valued in the plaint or memorandum of appeal. Section 7(i) instead uses the amount claimed in money suits, and Section 7(v) has separate subject-matter valuation rules for possession suits. Schedule II, Article 17(iii) addresses declarations without consequential relief.
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Option A
Section 7(iv)(c) uses the valuation of the relief stated in the plaint or memorandum of appeal. Market value on the filing date is the rule in Section 7(iii) for movable property with a market value.
Option B
Correct. Under Section 7(iv)(c) of the Court-fees Act, 1870, in suits to obtain a declaratory decree or order, where consequential relief is prayed, the amount of fee payable is computed according to the amount at which the relief sought is valued in the plaint or memorandum of appeal.
Option C
Incorrect. Computation according to the amount claimed applies to suits for money (including suits for damages or compensation, or arrears of maintenance or annuities) under Section 7(i) of the Court-fees Act, 1870.
Option D
Schedule II, Article 17(iii) addresses a bare declaration. The claim for consequential relief brings this question under Section 7(iv)(c).