1. This petition filed under Sec. 115 of the Code of Civil Procedure, 1908 (for brevity the Code) is directed against the order dated 5-2-2001 passed by the Civil Judge (Senior Division), Chandigarh dismissing the application of the defendant-petitioner in which he has claimed that the plaintiff-respondent was under a legal obligation to deposit Court-fee as required by Section 7(i) of the Court-fees Act, 1870 (for brevity the 1870 Act) and, therefore while dismissing the application has held that the judgment of this Court in the case of Hem Raj V/s. Harchet Singh, 1993 Civil Court Case 48 applies to the controversy raised and dismissed the application of the defendant-petitioner.

2. I have heard Shri K. K. Gupta, learned counsel for the tenant-petitioner who has argued that perusal of Section 7 of the 1870 Act would show that only in cases covered by sub-section (iv) of Section 7 liberty has been given to the plaintiff to value his claim for the purposes of Court-fee. According to the learned counsel no such liberty is available in respect of clauses (i) to (iii) of Section 7 of the Act. In support of his submission, the learned counsel has placed reliance on a judgment d