AI Structured Summary
Not yet generated for this judgment
Judgment
ReginaldRoe, J.—This is clearly a suit under Chapter V of the Specific Relief Act. I am of opinion that the plaintiff is not entitled to reduce the Court-fees payable thereon by an assertion that it falls under Chapter VI. In coming to this conclusion I have considered the cases of (1874) L.R. 1 I.A. 192 (Privy Council) , Karam Khan v. Daryai Singh 5 A. 331; A.W.N. (1883 55; 3 Ind. Dec. (N.S.) 317, Parathayi Vs. Sankumani and Others, , Samiya Mavali Vs. Meenammal, , Shrimant Sagajirao v. Smith 20 B. 736; 10 Ind. Dec. (N.S.) 1061 and Parvatibai v. Vishvanath 29 B. 207; 6 Bom. L.R. 1125 . The latter decision, if I may say so, is clearly a correct decision. On the adjudication that a deed is void the Court is required by law, if the instrument has been registered, to send a copy of its decree to the officer in whose office the instrument has been so registered, and as held in the cases of Parathayi Vs. Sankumani and Others, and Parvatibai v. Vishvanath 29 B. 207; 6 Bom. L.R. 1125, this forwarding of the copy of the decree to the Registrar is a consequential relief upon which an ad valorem Court fee must be paid. The plaintiff cannot avoid payment of this Court-fee by omitting to ask for this necessary consequence of the decree sought.