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1931 Supreme(Mad) 98

REILLY
T. S. Ramaswami Aiyar – Appellant
Versus
M. A. Rangaswami Aiyar – Respondent


JUDGMENT

Reilly, J.

1. These petitions relate to a suit in which the District Munsif of Calicut made a preliminary decree for the administration of the estate of one Rama Pattar on a creditors plaint. After that preliminary decree was made, two other creditors put in claims against Rama Pattars estate. The District Munsif has ordered that on those claims they must pay ad valorem Court-fee as if they were plaints. These revision petitions are against those orders.

2. It will he noticed that we are not concerned here with the question what Court-fee should be paid by a creditor who institutes an administration suit. The question is what Court-fee, if any, should be paid by another creditor who comes in with a claim after a preliminary decree for administration has been made in such a suit. The learned Government Pleader has admitted that there is no explicit provision in the Court Fees Act requiring any Court-fee to be paid on such a claim. But he has suggested that we should treat such claims as plaints for the purpose of the Court Fees Act. Except throwing out that suggestion he has not shown us, in my opinion, any good reason why we should extend the definition of the word "plaint" i

























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