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of <h1>Court dismisses Civil Revision Petition on relief valuation under Karnataka Court Fees Act, emphasizing accurate estimation</h1> <h3>Shivaram Bapuchand Shaha and Co. Versus Hirachand Sakharam Mehata and Co</h3> Shivaram Bapuchand Shaha and Co. Versus Hirachand Sakharam Mehata and Co - TMI Issues:1. Proper valuation of relief sought in a suit under the Karnataka Court Fees and Suits Valuation Act, 1958.Comprehensive Analysis:The judgment involves a Civil Revision Petition (C.R.P.) filed by the plaintiffs challenging a finding by the Additional Civil Judge regarding the proper Court fee paid. The trial Court held that the Court fee paid was not proper and directed the plaintiffs to pay a deficit Court fee. The plaintiffs sought declarations that a decree passed against them was illegal and null, and they should be restrained from executing the decree. The plaintiffs argued that the reliefs sought fell under Section 24(d) of the Act, citing various decisions to support their claim. However, the Court analyzed the substance of the relief sought, emphasizing that the plaintiffs were essentially seeking the cancellation of the decree obtained against them. The Court highlighted that the Act is a fiscal statute to be strictly construed, and the relief of cancellation of a decree falls under Section 38 of the Act.Moreover, the Court emphasized that plaintiffs must value the relief correctly and cannot understate it deliberately. Citing the Supreme Court and previous High Court decisions, the Court stressed the importance of genuine efforts in estimating the claim value. In this case, the plaintiffs were found to have deliberately undervalued the relief, attempting to categorize it as a declaration rather than a cancellation of the decree. The Court noted that the plaintiffs' valuation lacked bona fides since the decree sought to be canceled was for a substantial amount, making the valuation of Rs. 1000 unreasonable. The judgment highlighted the necessity for plaintiffs to make a fair estimate of the relief sought.Furthermore, the Court distinguished previous decisions cited by the plaintiffs, emphasizing that those cases involved different circumstances and reliefs. The Court discussed cases where the relief sought was for a declaration, permanent injunction, or restraining orders, clarifying that those situations did not align with the present case involving the cancellation of a money decree. Ultimately, the Court dismissed the revision petition, upholding the lower Court's finding that the relief sought by the plaintiffs fell under Section 38 of the Act, and the valuation was incorrect under Section 24(d).In conclusion, the judgment provides a detailed analysis of the proper valuation of relief sought in a suit under the Karnataka Court Fees and Suits Valuation Act, emphasizing the need for genuine estimation and adherence to the specific provisions of the Act based on the nature of the relief sought.
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