In Brief
Kinny Kapur and another sued to partition joint family property and claim their 2/9th share valued at ₹10 lakhs. The High Court ordered court fee be paid on the entire property value of ₹45 lakhs. The Supreme Court allowed the appeal, holding that court fee in partition suits must be calculated on the claimed fractional share alone, not the entire property. The plaintiffs were entitled to pay court fee only on ₹10 lakhs (their 2/9th share), not ₹45 lakhs. The Court set aside the High Court's orders and directed payment of correct ad-valorem court fee within 30 days, or risk dismissal of the suit.
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