Clarification on declaratory suit ?
28-Jan-2023 (In Civil Law)
declaratory suit-section 229-229D
Suits for declaration.-In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26-
(a)where the prayer is for a declaration and for possession of the property to which the declaration relates fee shall be computed on the market value of the property or [5][rupees one thousand] whichever is higher;
(b)where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on [6][rupees one thousand] whichever is higher;
(c)where the prayer relates to the plaintiff’s exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the amount at which the relief sought is valued in the plaint or on [7][rupees one thousand] whichever is higher;
(d)in other cases-
(i)where the subject-matter of the suit is capable of valuation fee shall be computed on the market value of the property, and
(ii)where the subject-matter of the suit is not capable of valuation fee shall be computed on the amount at which the relief sought is valued in the plaint or on [8][rupees one thousand] whichever is higher;
(a)where the prayer is for a declaration and for possession of the property to which the declaration relates fee shall be computed on the market value of the property or [5][rupees one thousand] whichever is higher;
(b)where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on [6][rupees one thousand] whichever is higher;
(c)where the prayer relates to the plaintiff’s exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the amount at which the relief sought is valued in the plaint or on [7][rupees one thousand] whichever is higher;
(d)in other cases-
(i)where the subject-matter of the suit is capable of valuation fee shall be computed on the market value of the property, and
(ii)where the subject-matter of the suit is not capable of valuation fee shall be computed on the amount at which the relief sought is valued in the plaint or on [8][rupees one thousand] whichever is higher;
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