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1967 Supreme(Ker) 114

P.T.RAMAN NAYAR
NAVANEETHALAL P. LALAN – Appellant
Versus
MANILAL DAMJI – Respondent


Judgment :-

1. Where, as in this case, a plaint is rejected under Order VII R.11(b) of the Code there is no adjudication whatsoever regarding the subject-matter of the suit. The only adjudication is as to whether or not the relief claimed is undervalued, and, in an appeal from the rejection, "the subject-matter of the appeal" within the meaning of S.52 of the Kerala Court Fees and Suits Valuation Act, or "the subject-matter in dispute" within the meaning of Art.1 of schedule I is the undervaluation found, not the subject-matter of the suit. (See Kalliappa v. Kandaswmi A.I.R. 1938 Madras 498 and Apparao Shesharo v. Mt. Bhagubai A.I.R. 1949 Nagpur 1 (F.B.) with which I am in respectful agreement). Where the order appealed against determines the amount of the under-valuation, court fee will doubtless be payable on that amount under Art.1 of Schedule I of the Court Fees Act, 1870 in cases to which that Act applies as held in the decisions referred to above since that would be the amount or value of the subject-matter in dispute in the appeal. And, where the amount of the undervaluation has not been determined, perhaps Art.17 of Schedule I would apply. But this case, as I have indicated

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