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1953 Supreme(Mad) 227

SUBBA RAO, RAMASWAMI GOUNDER
R. M. Seshadri – Appellant
Versus
The Province of Madras, represented by the Chief Secretary to the Government of Madras – Respondent


Advocates:
R.M. Seshadri (Party in person) Plaintiff in S.R. No. 36299 of 1953.
V.V. Srinivasa Aiyangar and V. Devarajan for Plaintiff, in C.S. No. 681 of 1948.
The Advocate-General (V.K. Tiruvenkatachari) for Respondent in both.

Subba Rao, J.-

This is a court-fee reference by the Master. R.M. Seshadri filed C.S. No. 541 of 1949 on the Original Side of this Court for a declaration that the order of the defendant (State of Madras), dated 7th August, 1947 terminating his service as a member of the Indian Civil Service was ultra vires its powers, illegal and void, and directing it to restore him to an office appropriate to his rank and seniority in the service, and for recovery of arrears of salary of a sum of Rs. 28,884-13-0 and damages of a sum of one lakh rupees for terminating his service illegally and arbitrarily. On the plaint he paid a court-fee of Rs. 935. The suit was dismissed by Panchapakesa Ayyar, J., on 25th March, 1952. On 20th August, 1952, he preferred an Original Side Appeal against the decree and judgment. He valued the memorandum of appeal at a sum of Rs,. 1,44,385-13-0 and paid a court-fee of Rs. 935, i.e., the same amount he paid on the plaint. Rule 1 of Order 2 of the High Court Fees Rules, 1933, as amended by R.O.C. No. 2219, 49-B-1 provides that to documents including a memorandum of appeal, the registrar shall apply the law for the time being in force relating to court-fee, etc., (i.e.,












































































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