Section 7 (i) – Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Constitution of India, Article 227 -- Recovery suit as mandatory injunction – Advalorem court fee – Rejection of plaint – Prayer of -- Under Order VII Rule 11 CPC the court is entitled to carefully examine the contents of the plaint to arrive at a conclusion -- Plaintiff has claimed a definite amount of Rs.6,35,00,000/- -- Suit is for recovery although, styled as suit for mandatory injunction -- Ad valorem court fee is payable according to the amount claimed – Order of lower court, directing to pay the ad-valorem Court fee on the amount claimed -- No ground to interfere under Article 227 of the Constitution of India.

(P&H HC) Decided on: 04.05.2021

Section 7 – Suit for declaration and mandatory injunction – Consequential/ Substantive relief is for refund of excess amount charged/ Recovery suit -- Court fees -- 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