SHABIRA BI Vs. A ABDUL REHMAN

JUDGEMENT

(1.) The petitioners filed a suit seeking for a declaration that the Will dated 9-1-1978 is valid and 13 other consequential reliefs including declaration etc. An application under Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short 'the Act'), read with Order 7, Rule 11 of the Civil Procedure Code, 1908 was filed by the defendants seeking determination and payment of the appropriate Court fee in the plaint. The Trial Court by the impugned order allowed the application and directed the petitioners-plaintiffs to value the suit under Section 26(a) of the Act. Hence, the present petition.

(2.) Sri S.V. Prakash the learned Counsel appearing for the petitioners by referring to the plaint averments contends that the suit has been properly valued in terms of Section 26(c) of the Act. The Trial Court misdirected itself in concluding that the relief sought for by the plaintiff is declaratory and hence the suit was required to be valued under Section 26(a) of the Act. In support of his contentions, he relies on the judgment in Neelavathi and Ors. v. N. Natarajan and Ors., 1980 AIR(SC) 691 with reference to paragraph 6 which reads as follows.-

(3.) Sri Hanumantharayappa, learned Government Advocate defends the impugned order and submits that no interference is called for in the impugned order.