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1959 Supreme(Mad) 96

RAMACHANDRA.IYER
S. Parameswaran – Appellant
Versus
S. Sarveswaran – Respondent


Advocates:
M.S. Venkatarama Ayyar and V. Krishnan, for Petitioner.
A. Ramachandran for Messrs. Row and Reddy and V. Ramaswami, for the Additional Government Pleader (M.M.
Ismail), for Respondents.

Judgment.-

This is a revision petition at the instance of the plaintiff against the order of the lower Court directing the petitioner to pay

the Court-fee on Rs. 32,000 less the Court-fee already paid on the plaint.

The plaintiff filed a suit for accounts of a dissolved partnership from 1948 up to the date of the suit and to have the

assets realised including therein the goodwill, plant and machinery which according to him were wrongfully taken over

by the defendants. In paragraph 22 of the plaint it was stated that the plaintiff estimated his share of the assets payable

to him in the sum of Rs. 8,000. A Court-fee of Rs. 600 was paid under section 36 (1) of the Court-fees Act of 1955.

There was also an undertaking to pay an additional Court-fee after the ascertainment of the amount due by him. The first

defendant contested the correctness of the valuation of the plaint. Issue 15 was raised as to the proper Court-fee

payable on the plaint. The learned Assistant City Civil Judge held that the proper value on the basis of the plaint would

be a sum of Rs. 32,000 and required the plaintiff to pay the additional Court-fee thereon. The plaintiff has filed this Civil

Revision Petition challe














































































































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