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1975 Supreme(Del) 127

S.RANGARAJAN
WALAITI RAM – Appellant
Versus
KISHAN – Respondent


Advocates Appeared:
G.S.Vohra, Y.K.SABHARVAL

S. Rangarajan

( 1 ) THE petitioner is The plaintiff in a suit which he filed for accounts against the defendant. He has stated in the plaint that on taking of accounts nearly Rs. 2 lakhs might be due to him. The suit was valued for the purpose of court fee at Rs. 200. 00. According to Order 7 rule 1 (i) Civil Procedure Code the plaintiff had to make a statement of the value of the subject matter of the suit for The purpose of jurisdiction and of court fee, so far as the case admits. The plaint, as it was originally filed, was silent on the question of valuation for the purposes of jurisdiction. By order dated 19-1-74 the learned Subordinate Judge Shri Ravi Kumar referred to the judgment of Prithvi Raj, J. in Daljit Singh v. Bishamber Dayal where the learned Judge had held that ir. a suit for dissolution of partnership andnd accounts, the plaintiff has to value his suit approximately at the sum, for which he seeks the relief and that he cculd not fix a fanciful and whimsical valuation for purposes of court fee and jurisdiction. After indicating the legal position, according to the above decision, the learned trial Judge ordered the plaintiff to value the suit for the purposes of cour







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