Plaint was termed as being one for declaration and mandatory injunction, however, in effect what is sought is recovery of the excess amount alleged to have been paid by the plaintiff-petitioner -- Substantial relief claimed in the suit is for recovery of an amount of Rs.6,25,57,341/- charged in excess -- Plaintiff simply by playing around the words cannot avoid payment of Court fees.
(P&H HC) Decided on: 25.02.2021