JUDGMENT

R. M. SAHAI, J.:- The question of law that arises for consideration in this appeal directed against judgment of the Kerala High Court is if the court-fee liable to be paid under Section 36 of Kerala Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as the Act) in a suit for dissolution of partnership and accounting is to be computed on the value of the plaintiffs share in a partnership as estimated by him or as found by the Court.

2. Computation of court-fee under the Kerala Act is governed by Chap. IV of the Act. Section 35 of it deals with suits for accounts and Section 36 suit for dissolution of partnership. Since this appeal is concerned with Section 36 only it is extracted below:

"36. Suits for dissolution of partnership (1) In a suit for dissolution of partnership and accounts or for accounts of dissolved partnership, fee shall be computed on the value of the plaintiffs share in the partnership as estimated by the plaintiff.

(2) If the value of the plaintiffs share as ascertained in the suit exceeds the value as estimated in the plaint, no decree, or where there has been a preliminary decree, no final decree, shall be passed in favour of the plaintiff, no