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1967 Supreme(Bom) 101

J.R.VIMULDALAL
Jafferali Alibhai and Anr. – Appellant
Versus
S. R. Dossa & Co. and Anr. – Respondent


ORDER

1. This is a Chamber Summons taken out by the plaintiffs to review and set aside an order of the Taxing Master with regard to the valuation of the suit for the purpose of Court-fees.

2. The suit, as framed, is a representative suit under Section 53 of the Transfer of Property Act by the creditors of the 1st defendant-firm to avoid the Deed of Assignment of moveable and immoveable properties by that firm in favour of the 2nd defendant which was dated 21st February 1966. The properties which are the subject-matter of the said Deed of the subject-matter of the value of Rs. 71/2 lacs. The plaintiffs have, in paragraph 17 of the plaint, valued the suit for the purpose of Court-fees under S. 6 (iv) (j) of the Bombay Court-fees Act, 1959, and they paid a fixed court-fees of Rs.30 under the said section. On a reference to the Taxing Master under Section 5 of the said Act to determine the correct amount of Court-fees would be payable by the plaintiffs on the aggregate sum of Rs.2,26,998.14, being the total of the claims of the creditors set out in annexure "C" to the plaint, including the claims of the two plaintiffs. In arriving at the conclusion, the Taxing Master has proceeded on th















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