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1991 Supreme(Ker) 394

JAGANNADHA SHETTY, SAHAI
Sujir Keshav Nayak – Appellant
Versus
Sujir Ganesh Nayak – Respondent


Judgment :-

1. 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 S.36 of Kerala Court Fees And Suits Valuation Act, 1959 (hereinafter referred to as 'the Act') in a suit for dissolution of partnership and accounting is to be computed on the value of the plaintiff's 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 Chapter IV of the Act. S.35 deals with suits for accounts and S.36 suit for dissolution of partnership. Since this appeal is concerned with S.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 payment shall be made out of the
















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