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1975 Supreme(P&H) 29

R.S.NARULA
Chhota Singh – Appellant
Versus
Jit Singh – Respondent


Judgment

1. This is a petition for revision of the order of the Court of the Subordinate Judge Second Class. Mansa, dated March 25, 1971, whereby he decided the preliminary issue relating to proper valuation of the plaint for purposes of court-fee and jurisdiction of the suit filed by the plaintiff-petitioner for a declaration to the effect that the gift-deed made by him was null and void as having been procured by fraud and for cancellation of the same. The plaintiff valued the suit for purposes of court-fee as well as for jurisdiction (vide paragraph 14 of the plaint) at Rs. 350-10 P. calculated on the basis of 30 times the land revenue of Rs. 11.67 P. Reiving on the judgment of P. C. Pandit. J. (as he then was) in Jagat Singh V/s. Avtar Singh, 1970 Cur LJ 80, the trial Court held that ad valorem court-fee was payable on the plaint under Article 1 of Schedule I to the Court-fees Act 1870, on the value of the property involved that is on Rs. 37,000.00 which was the value of the property mentioned in the impugned gift-deed. Having given a finding to that effect, the learned Subordinate Judge did not fix any time for making up the deficiency in court-fee as on the basis of the valuat







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