In Brief
Kinny Kapur and another appealed against a High Court order requiring them to pay court fee on the entire valuation of a property (Rs. 45 lakhs) in a partition suit. The plaintiffs claimed only a 2/9th share valued at Rs. 10 lakhs. The Supreme Court held that court fee must be calculated on the relief actually sought—the plaintiff's claimed share alone—not the total property value. As the plaintiffs were not claiming interest in the remaining 7/9th portion, they could not be charged court fee on that amount. The appeal was allowed and the High Court's order set aside.
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