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1937 Supreme(Mad) 54

VENKATRAMANA RAO
Kuppu Govindan Chettiar – Appellant
Versus
Uttukottai Co-Operative Society by its Liquidator – Respondent


JUDGMENT

Venkatramana Rao, J.

1. The question raised in this revision petition relates to the amount of the court-fee leviable on a plaint which prays for a declaration that an order of a liquidator of a Co-operative Society determining the amount of contribution payable by the plaintiff under Section 42 (6) of the Co-operative Societies Act is null and void. The case of the plaintiff is that he ceased to be a member in or about June 1930, that more than two years after he ceased to be a member an order for contribution was made against him on November 25, 1933, directing him to pay a large sum, namely, Rs. 8,000 and that the liquidator had no jurisdiction to pass such an order and he therefore prayed for a decree that such an order is "illegal, void and of no effect and unenforceable against the plaintiff." He paid a court-fee of Rs. 100 under Article 17-A (iii) of Set. II to the Madras Court Fees Amending Act. The learned District Judge held that the plaintiff should have valued the claim under Section 7 (iv-A) of the said Amending Act. This order of the learned Judge is canvassed as being unsound by Mr. V. Ramasawmy Ayyar for the plaintiff. The question is, is the order of the liq




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