LI Network
Published on: 30 January, 2024 at 08:00 IST
In a recent ruling, the Madhya Pradesh High Court addressed the issue of Court fees in a suit for declaration and mandatory injunction, emphasizing the independent nature of these claims.
The Court, presided over by Justice Sanjay Dwivedi, upheld the decision of the trial court and directed the plaintiff to pay ad-valorem court fees, stating that the injunction sought was not consequential to the prayer of declaration made.
The case involved a declaration sought by the plaintiff regarding the nullity of the direction issued by Government Kamla Nehru Kanya Uchchatar Mahavidyalaya, Bhopal, and the District Education Officer. Additionally, a relief of mandatory injunction was sought to grant the retiral dues to the plaintiff instead.
Justice Dwivedi clarified that the declaration and the relief claimed as consequential were distinct from each other. The Court observed that the relief of mandatory injunction stood out as an independent claim by the plaintiff, not merely a consequence of the declaration.
The Court rejected the petitioner’s argument that the relief of injunction in a suit for declaration is not separate, citing a 2007 decision by the Madhya Pradesh High Court. Justice Dwivedi noted that the cited case law was not applicable to the current case.
The Court referred to the Delhi High Court’s decision in Sujata Sharma v. Manu Gupta & Ors, highlighting that the substance of the plaint should be examined to determine if a relief is consequential or not.
The Court pointed out the distinction between ‘further relief’ and ‘consequential relief’ and emphasized that Section 7 (iv) (c) of the Court Fees Act does not imply that all ‘further reliefs’ based on the cause of action in the declaratory suit would be ‘consequential reliefs’ as well.
Consequently, the Madhya Pradesh High Court dismissed the petition filed by the plaintiff in the original suit, deeming it devoid of merits. The case, identified as Misc. Petition No. 2306 OF 2023, sets a precedent on the valuation of reliefs and the requirement of separate ad-valorem court fees for declaration and mandatory injunction claims.
