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1957 Supreme(MP) 220

P.B.GAJENDRAGADKAR
A. S. S. SATHAPPA CHETTIAR – Appellant
Versus
S. RM. AR. RM RAMANATHAN CHETTIAR – Respondent


Advocates Appeared:
A.C.VENKATAKRISHNAN, C.K.DAFTARY, G.GOPALAKRISHNAN NAIR, K.S.KRISHNASWAMI AIYANGAR, M.S.K.SHASTRI, R.Ganapathy Iyer, T.M.Sen

P. B. GAJENDRAGADKAR, J.

( 1 ) THIS is a plaintiff's appeal by special leave against the order passed by a Division Bench of the Madras High Court on 25-1-1955, calling upon him to pay court-fees on the valuation of Rs. 15,00,000 both on his plaint and on his memorandum of appeal and it raises some interesting questions of law under the provisions of the Court Fees act (which will be described hereafter as the Act ).

( 2 ) THE appellant had filed Civil Suit No. 311 of 1951 on the Original Side of the Madras High Court. In this suit he had claimed partition of the joint family properties and an account in respect of the joint family assets managed by the respondent. The appellant is the son of Subbiah Chettiar. His case was that Subbiah had been adopted by Lakshmi Achi in 1922. Lakshmi Achi was the widow of the undivided paternal uncle of the respondent. As a result of his adoption Subbiah became a coparcener in his adoptive family and, as Subbiah's son, the appellant claimed to have a share in the joint family properties and in the assets of the joint family and that was the basis on which a claim for partition and accounts was made by the appellant in his suit. In the plaint it had

















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