BHIMASANKARAM
Yenatapalli Audisesha Reddy – Appellant
Versus
Gangapatnam Dasaratharama Reddy – Respondent
JUDGMENT :
1. The petitioner is the plaintiff in a suit for dissolution of partnership and acounts. He estimated his share in the partnership at Rs. 500 and paid Court-fee thereon, as prescribed by section 33 of the Andhra Court-fees Act of 1956. The District Munsif was of the opinion that under the section the plaintiff is not entitled to put any kind of estimate, but only what he calls a bona fide estimate and directed the return of the plaint with the requisition that the plaintiff should make a bona fide estimate and pay Court-fee thereon. I cann't agree with this view. Under section 33(1), the plaintiff is entitled to estimate the value of his share in the parnership. Such an estimate may be right or wrong and may be excessive or inadequate. But the statute enables him to pay Court-fee on the value as estimated by him. The old provision by which such suits were governed was section 7, clause (iv), sub-clause (f) of the Madras Court-fees Act, where-under in a suit for accounts the plaintiff could state the amount at which he valued the relief sought and pay Court-fee thereon. In applying this provision, it was always held that the plaintiff was at liberty to value the relief at
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